PAXTON-MITCHELL COMPANY v. UNITED STATES

No. 109-58.

172 F.Supp. 463 (1959)

PAXTON-MITCHELL COMPANY v. UNITED STATES.

United States Court of Claims.

April 8, 1959.


Attorney(s) appearing for the Case

Richard L. Shook, Washington, D. C., for plaintiff.

Norman Hyman, Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant.


WHITAKER, Judge.

Plaintiff alleges in its petition that it purchased from defendant 407.71 gross tons of material that had been advertised as "steel, Scrap, Cast steel, * * *," whereas 49.7 percent of it was malleable iron. Malleable iron differs from steel only in its carbon content. Steel has a carbon content of not in excess of 1.7 percent. When the carbon content exceeds 1.7 percent, the material is called malleable iron. Malleable iron is cheaper than steel,...

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