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UNITED STATES v. I. B. MILLER, INC.

No. 221.

81 F.2d 8 (1936)

UNITED STATES, for Use and Benefit of PIERCE STEEL PILE CORPORATION, v. I. B. MILLER, Inc., et al.

Circuit Court of Appeals, Second Circuit.

January 13, 1936.

Attorney(s) appearing for the Case

Louis Rosenberg, of New York City (Herbert M. Rosenberg, of New York City, of counsel), for appellants.

Nevius, Brett & Kellogg, of New York City (Franklin Nevius and Asa B. Kellogg, both of New York City, of counsel), for appellees.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

I. B. Miller, Inc., a New York corporation, for convenience referred to hereafter as Miller, contracted with the United States to do the demolition, excavation, and foundation work on the Parcel Post Building in New York City for a stated sum. Any required additional work was to be done on a cost plus basis. The specifications provided that piling should be driven to "solid rock," and if conditions were...

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