WAGNER WHIRLER & DERRICK CORP. v. UNITED STATES

No. 47735.

121 F.Supp. 664 (1954)

WAGNER WHIRLER & DERRICK CORP. v. UNITED STATES.

United States Court of Claims.

June 8, 1954.


Attorney(s) appearing for the Case

Horace S. Whitman, Washington, D. C., for plaintiff. Herbert Klosk, New York City, was on the briefs.

Laurence H. Axman, New York City, with whom was Warren E. Burger, Asst. Atty. Gen., for defendant.

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


WHITAKER, Judge.

This action arises out of a contract dated December 15, 1941, between plaintiff and defendant whereby plaintiff agreed to manufacture and erect two 20-ton jib cranes at the Philadelphia Navy Yard for a consideration of $265,000, which was later increased by two change orders to $278,192.13.

The controversy presented concerns the following four things:

(1) The extra cost to which plaintiff alleges it was put for completing parts of...

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