Sternberg v. United States

The question for decision arises upon plaintiff’s motion for a new trial in the above-entitled case. The motion is predicated solely upon an error of law in the decision of the court. The court’s decision was announced November 1, 1937, the plaintiff’s petition being dismissed. Plaintiff’s present motion is contested by the defendant.

The plaintiff, as the admitted findings of fact disclose, on August 8, 1931, entered into a written contract to dredge the Houston Ship Channel, and among other things ease the bends in the channel at Lynchburg, Norsworthy, Manchester, and Harrisburg.

The…