CLIMATIC RAINWEAR, CO. v. UNITED STATES

No. 47888.

88 F.Supp. 415 (1950)

CLIMATIC RAINWEAR, CO., Inc. v. UNITED STATES.

United States Court of Claims.

February 6, 1950.


Attorney(s) appearing for the Case

Paul A. Porter and Norman Diamond, Washington, D. C., for the plaintiff. Arnold, Fortas & Porter, Washington, D. C., on the brief.

Kendall M. Barnes, Washington, D. C., Assistant Attorney General H. G. Morison, for the defendant.

Before JONES, Chief Judge, and HOWELL, MADDEN, WHITAKER, and LITTLETON, JJ.


HOWELL, Judge.

Plaintiff sues to recover a balance of $53,964.35 under its contract for raincoats and ponchos with defendant acting through the Philadelphia Quartermaster Depot of the War Department. This contract numbered W-36-030-qm-14952 (hereinafter referred to as Contract 14952) was entered into on April 16, 1945.

Defendant has admitted that the aforesaid sum became due plaintiff but has denied liability on two grounds: first, by virtue of an alleged...

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