PRIEBE & SONS v. UNITED STATES

No. 45922.

65 F.Supp. 457 (1946)

PRIEBE & SONS, Inc., v. UNITED STATES.

Court of Claims.

May 6, 1946.


Attorney(s) appearing for the Case

J. Arthur Miller, of Chicago, Ill. (Campbell, Clark & Miller, of Chicago, Ill., and Morris, Kixmiller & Baar and Allen H. Gardner, all of Washington, D. C., on the brief), for plaintiff.

S. R. Gamer, of Washington, D. C., John F. Sonnett, Asst. Atty. Gen., for defendant.

Before WHALEY, Chief Justice, and LITTLETON, WHITAKER, JONES, and MADDEN, Judges.


LITTLETON, Judge.

The only question presented in this case is whether plaintiff is entitled to recover $14,482.90 liquidated damage deducted by defendant under the express terms of a contract by reason of the failure of plaintiff to have certain quantities, totalling 114,829 pounds, of dried eggs manufactured, inspected, tested, accepted and ready for delivery or shipment in part at Manning, Iowa, and in part at Sleepy Eye, Minn., on the contract date of May 18, 1942...

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