McCARTHY BROS. CONST. CO. v. UNITED STATES

No. 45998.

70 F.Supp. 124 (1947)

McCARTHY BROS. CONST. CO. v. UNITED STATES.

Court of Claims.

March 3, 1947.


Attorney(s) appearing for the Case

Clifford B. Kimberly, of Kansas City, Mo. (J. L. Milligan, Thomas E. Deacy and Milligan, Kimberly & Deacy, all of Kansas City, Mo., on the brief), for plaintiff.

Henry Weihofen, of Washington, D. C., and John F. Sonnett, Asst. Atty. Gen., for defendant.

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


WHITAKER, Judge.

Plaintiff had a contract for the erection of some buildings in the Canal Zone. It sues for two items of increased costs and for the value of certain buildings which it had erected at the site and which were taken over by the Government.

It is clear that plaintiff is not entitled to recover on the first two items. The first one is for an increase in ocean freight rates; but there was no provision in the contract for the payment of any such...

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