Sylvan Crest Sand & Gravel Co. v. United States

150 F.2d 642 (1945)

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Sylvan Crest Sand & Gravel Co. v. United States

United States Court of Appeals for the Second Circuit
150 F.2d 642 (1945)

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Facts

Sylvan Crest Sand & Gravel Company (Sylvan) (plaintiff) entered into a contract with the United States (defendant) for the delivery of trap rock. Under the terms of the agreement, Sylvan was to deliver trap rock “as required” and the United States retained the right to cancel at any time. Sylvan sued the United States after it refused to accept or request delivery within a reasonable time. The United States moved for summary judgment claiming no contract existed because the unrestricted right to cancel constituted an illusory promise. The district court granted the United States’ motion for summary judgment. Sylvan appealed.

Rule of Law

Issue

Holding and Reasoning (Swan, J.)

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