Meyer Scale & Hardware Co. v. United States
United States Court of Claims
The Reporter’s statement of the case: Nothing in the contract contemplated or authorized any change or reduction in the number of scales to be furnished thereunder. In arbitrarily ordering and enforcing a reduction in the number to be made and delivered thereunder, the Government evidently intended, and at any rate its action had that necessary effect, to subject itself to liability for such damages as the law imposes for such unwarranted act.
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The Reporter’s statement of the case: Nothing in the contract contemplated or authorized any change or reduction in the number of scales to be furnished thereunder. In arbitrarily ordering and enforcing a reduction in the number to be made and delivered thereunder, the Government evidently intended, and at any rate its action had that necessary effect, to subject itself to liability for such damages as the law imposes for such unwarranted act. The contractor claims the profits it would have made on 688 scales as the measure of damages occasioned it by the defendant’s failure and refusal to…
1Opinion of the CourtDowNey, Judge
The plaintiff seeks to recover for certain alleged losses occasioned by the suspension, modification, and partial cancellation of a contract which it had on January 31, 1919, entered into with the "United States for the furnishing of 1,185 suspension crane scales at $155 per scale and includes in its claim anticipated profits of $78,408.46 on 688 of the scales as to which the contract was canceled. As presented to us this last-mentioned part of the claim constitutes the chief, practically the only, subject of material controversy.
These scales were intended for use on vessels of the Navy,…
2Cited by8 opinions
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- Todd Dry Dock & Construction Corp. v. Sumner Iron WorksCourt of Appeals for the Ninth Circuit · 1923
- De Laval Steam Turbine Co. v. United StatesUnited States Court of Claims · 1930
- Nitro Powder Co. v. United StatesUnited States Court of Claims · 1930
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