Empire Engineering Co. v. United States

Court of Claims

Empire Engineering Co. v. United States

59 Ct. Cl. 904, 1924 U.S. Ct. Cl. LEXIS 350, 1924 WL 2341

CourtUnited States Court of Claims

DecidedOctober 20, 1924

DocketNo. D-94

StatusPublished

This text of 59 Ct. Cl. 904 (Empire Engineering Co. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Empire Engineering Co. v. United States, 59 Ct. Cl. 904, 1924 U.S. Ct. Cl. LEXIS 350, 1924 WL 2341 (cc 1924).

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Opinion

[906]*906MEMORANDUM BY THE COURT

The finding of the contracting officer that the delays were the result of unforeseeable causes arising through no fault of the contractor >vas within his powers under the contract, and bad faith upon the part of that officer does not appear. See Penn, Bridge Co. v. United States, No. D-93, this day decided, ante, p. 892.

[907]*907The reimbursement of the contracting officer by the plaintiff to the amount of the disallowance in the settlement of his accounts, with express reservation of the right to sue therefor in this court, does not preclude recovery.

Judgment for plaintiff in the sum of $953.03.

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[906]*906MEMORANDUM BY THE COURT

The finding of the contracting officer that the delays were the result of unforeseeable causes arising through no fault of the contractor >vas within his powers under the contract, and bad faith upon the part of that officer does not appear. See Penn, Bridge Co. v. United States, No. D-93, this day decided, ante, p. 892.

[907]*907The reimbursement of the contracting officer by the plaintiff to the amount of the disallowance in the settlement of his accounts, with express reservation of the right to sue therefor in this court, does not preclude recovery.

Judgment for plaintiff in the sum of $953.03.

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Bluebook (online)

59 Ct. Cl. 904, 1924 U.S. Ct. Cl. LEXIS 350, 1924 WL 2341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/empire-engineering-co-v-united-states-cc-1924.