Citations
- 276 F.2d 138
Full opinion text
PAUL, District Judge.
The subject matter of this litigation is a contract between the Commodity Credit Corporation, an agency of the United States, and Kirkland Distributing Company, a South Carolina Corporation. It was initiated by an action brought by the United States in the District Court seeking to recover from Kirkland Distributing Company the sum of $27,907.-51. On March 23,1959, the court entered an order giving judgment in favor of the United States for the full amount sued for. Thereafter, upon a petition for rehearing filed by the defendant the judgment of March 23,1959, was vacated and on July 20, 1959, judgment was entered in favor of the plaintiff in the lesser amount of $12,939.75. From this latter judgment both parties have appealed. In the discussion hereinafter the parties, as a matter of convenience and brevity, will be referred to as CCC and Kirkland, or as plaintiff and defendant respectively.
In April, 1954, the Commodity Credit Corporation, having on hand large «quantities of nonfat dry milk solids, offered it for sale at a price of 3.5 cents per pound to be used as an ingredient of animal and poultry mixed feeds. The -offer was made in the form of a circular oio publication referred to as Announceiáeníifij©^6, which was distributed among ptf-ixdudkrs ofisueh feeds. This Announcement tout in great detail the c