United States v. Center

TUTTLE, Circuit Judge.

The United States appeals from a judgment of the trial court sitting without a jury in a suit brought by it for the recovery of a balance alleged to be due from the sale of aluminum products by the War Assets Administration. The basis of the Government’s appeal is that the trial court allowed a reduction in the amount of the Government’s recovery by reason of two alleged breaches of other contracts by which the War Assets Administration agreed to sell additional aluminum which it later refused to deliver.

The defendants in the trial court also appeal by cross-bill from a…