Pierce Butler

“ If, after the receipt of plaintiff's bids, the contemplated contract had been executed, the United States thereby would have been authorized immediately to rescind the sale and bring the matter to an end by return of the deposit. But the Secretary, unwilling to accept the bids, refused to execute a contract and returned plaintiff's deposit. The right under the proposed contract to rescind was the equivalent of a reservation, in the published terms and conditions of the auction sale, of the right of vendor to reject any and all bids. ”

“ There is no reason why it should not apply to contracts made in pursuance of the later act. It must be held that, because of the failure to make and sign a written contract as required by section 3744, the United States was not bound. ”

“ Notes
↑ Lot 1. 13,920 tons @ $25.00 a ton. $348,000 Lot 2. 5,000 tons @ 25.00 a ton. 125,000 Lot 3. 10,600 tons @ 22.50 a ton. 238,500
$711,500 total bids
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”