Forcum-James Co. v. United States

96 Ct. Cl. 177, 1942 U.S. Ct. Cl. LEXIS 92, 1942 WL 4339
CourtUnited States Court of Claims
DecidedMay 4, 1942
DocketNo. 43825
StatusPublished

This text of 96 Ct. Cl. 177 (Forcum-James 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.

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Forcum-James Co. v. United States, 96 Ct. Cl. 177, 1942 U.S. Ct. Cl. LEXIS 92, 1942 WL 4339 (cc 1942).

Opinion

JoNES, Judge,

delivered the opinion of the court:

On October 8, 1931, plaintiff executed a contract with the War Department to furnish all labor and materials and to perform all work in coimection with bank protection and a levee setback in a diversion canal of the Little River Drainage District near Cape Girardeau, Missouri.

The details are set out in the special findings of fact and will not be repeated here.

The single issue is whether the plaintiff is entitled to recover alleged excess cost of materials used in constructing mattresses. The mattresses are used to protect the banks from erosion and damage resulting from the current of the stream. The type here used was known as a lumber mattress, being composed of planks interwoven and secured by wire ties and nails. One end of the mattress was placed above normal high-water mark and the mattress then ran down the river bank so that the other end was near the channel of the river.

■ In the drawings was an illustration showing the construction detail of a mattress. In the lower left-hand corner of this drawing there appears the following schedule:

Materials required! under average conditions

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Bluebook (online)
96 Ct. Cl. 177, 1942 U.S. Ct. Cl. LEXIS 92, 1942 WL 4339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forcum-james-co-v-united-states-cc-1942.