Before CLARK, MEDINA and FRIENDLY, Circuit Judges.
On December 14, 1956, the United States through the New Cumberland General Depot of the United States Army, at New Cumberland, Pennsylvania, circulated, together with forms for bidding and General Sale Terms and Conditions, an invitation for bids upon 91 items of government surplus property. Among the items listed for sale were items 65 through 73, which were described in the bid forms in the following manner:
Description and Location Unit of
"Item No. of Property Quantity Measure
65 to 73 Nets, Cargo, 20foot x
mesh rope, 3inch circ with
or equal loose (505)each inch
On the invitation there appeared in large capital letters the statement "It has been determined that this property is no longer needed by the federal government." Moreover, on both the invitation and on each bid form were the words "Caution: inspect the property," in italicized capitals. The invitation urged bidders to read the accompanying General Sale Terms and Conditions. These provided in pertinent part as follows:
"1. Inspection. - Bidders are invited and urged to inspect the property to be sold prior to submitting bids. Property will be available for inspection at the places and times specified in the invitation. The Government will not be obliged to furnish any labor for such purpose. In no case will failure to inspect constitute grounds for a claim or for the withdrawal of a bid after opening.
"2. Condition of Property. - All property listed herein is offered for sale 'as is' and 'where is,' and without recourse against the Government. If it is provided herein that the Government shall load, then 'where is' means f.o.b. conveyance at the point specified in the invitation. The description is based on the best available information, but the Government makes no guaranty, warranty, or representation, expressed or implied, as to quantity, kind, character, quality, weight, size, or description of any of the property, or its fitness for any use or purpose, and no claim will be considered for ...