Kessler Motor Co. v. United States

Court of Claims

Kessler Motor Co. v. United States

65 Ct. Cl. 1, 1927 U.S. Ct. Cl. LEXIS 273, 1927 WL 2876

CourtUnited States Court of Claims

DecidedJune 6, 1927

DocketNo. E-219

StatusPublished

This text of 65 Ct. Cl. 1 (Kessler Motor 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

Kessler Motor Co. v. United States, 65 Ct. Cl. 1, 1927 U.S. Ct. Cl. LEXIS 273, 1927 WL 2876 (cc 1927).

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Opinion

Hat, Judge,

delivered the opinion of the court:

This is a suit brought by the plaintiff to recover from the United States the sum of $53,454.86. The facts are fully set forth in the findings, and it is not necessary to recapitulate them here.

While the contracts between the parties provided for the delivery of specific articles on certain dates, yet both parties down to the date of the cancellation of the contracts treated [7]*7them as continuing contracts. The parties by their actions agreed that the contracts were continuing, and had the right so to do. The Government electing to treat them as continuing contracts is bound by them. The plaintiff with the consent and approval of the Government having expended the sum of $131,454.86 in the construction and production of the articles named in the several contracts is entitled to be paid the sum so expended. Of this sum the Government has paid to the plaintiff the sum of $78,000, leaving a balance due to the plaintiff amounting to the sum of $53,454.86. A judgment will be entered for the plaintiff for the sum of $53,454.86. It is so ordered.

Moss, Judge; Booth, Judge; and Campbell, Chief Justice, concur. Graham, Judge, took no part in the decision of this case.

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Hat, Judge,

delivered the opinion of the court:

This is a suit brought by the plaintiff to recover from the United States the sum of $53,454.86. The facts are fully set forth in the findings, and it is not necessary to recapitulate them here.

While the contracts between the parties provided for the delivery of specific articles on certain dates, yet both parties down to the date of the cancellation of the contracts treated [7]*7them as continuing contracts. The parties by their actions agreed that the contracts were continuing, and had the right so to do. The Government electing to treat them as continuing contracts is bound by them. The plaintiff with the consent and approval of the Government having expended the sum of $131,454.86 in the construction and production of the articles named in the several contracts is entitled to be paid the sum so expended. Of this sum the Government has paid to the plaintiff the sum of $78,000, leaving a balance due to the plaintiff amounting to the sum of $53,454.86. A judgment will be entered for the plaintiff for the sum of $53,454.86. It is so ordered.

Moss, Judge; Booth, Judge; and Campbell, Chief Justice, concur. Graham, Judge, took no part in the decision of this case.

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Bluebook (online)

65 Ct. Cl. 1, 1927 U.S. Ct. Cl. LEXIS 273, 1927 WL 2876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kessler-motor-co-v-united-states-cc-1927.