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COMMERCE INTERNATIONAL COMPANY v. UNITED STATES

No. 287-55.

338 F.2d 81 (1964)

COMMERCE INTERNATIONAL COMPANY, Inc. v. The UNITED STATES.

United States Court of Claims.

October 16, 1964.

Attorney(s) appearing for the Case

Whitney North Seymour, New York City, for plaintiff. Simpson, Thacher & Bartlett, William J. Manning and Roy L. Reardon, New York City, of counsel.

Frances L. Nunn, Washington, D. C., with whom was Asst. Atty. Gen., John W. Douglas, for defendant. Kendall M. Barnes, Washington, D. C., was on the brief.

Before JONES and WHITAKER, Senior Judges, and LARAMORE, DURFEE and DAVIS, Judges.

DAVIS, Judge.

This is a breach-of-contract suit charging defendant with unreasonable delay in supplying parts and drawings, and in failing to permit the prompt commercial purchase of parts when none were available in Government stores. Plaintiff is said to have suffered over $1,650,000 in damages because of defendant's improper delay.1

In 1950, the Army prepared to let a contract for the rebuilding of some 500 M36 90mm. motor gun...

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