Supreme Court of the United States January 5, 1925, 78 (Erie Coal & Coke Corp. v. United States)

Mr. Justice Butler

delivered the opinion of the Court.

The judgment appealed from sustained a demurrer to plaintiff’s petition and dismissed the case.

An act of Congress, approved July 11, 1919, 41 Stat. 105, authorized the Secretary of War to sell any surplus supplies then owned by and in the possession of the Government for the use of the War Department " upon such terms as may be deemed best.