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JOHN H. DULANY & SON v. UNITED STATES

No. 48521.

96 F.Supp. 954 (1951)

JOHN H. DULANY & SON, Inc. v. UNITED STATES.

United States Court of Claims.

Decided May 1, 1951.

Attorney(s) appearing for the Case

John W. MacVey, Washington, D. C. (H. Russell Bishop, Washington, D. C., on the brief), for plaintiff.

William A. Stern, II, Washington, D. C., H. G. Morison, Asst. Atty. Gen. (R. W. Koskinen, Washington, D. C., on the brief), for defendant.

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

HOWELL, Judge.

Plaintiff sues to recover the sum of $3,986.11 under a fully performed contract for the sale and delivery of canned green beans by plaintiff to defendant. Defendant claims that plaintiff is liable to it in this amount for certain unpaid "rent" for Government-owned dehydrating machinery used in connection with a wartime food procurement project. Defendant has set off this amount of $3,986.11 against the amount due to plaintiff under its canned green...

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