Somerset Machine & Tool Co. v. United States

This case is before the court on defendant’s motion to dismiss plaintiff’s petition on the ground that it is barred by the statute of limitations.

Plaintiff is a sub-sub-subcontractor under a prime contract entered into between the defendant and the Cuneo Press, Incorporated. Plaintiff’s contract was with the B-M Machine Works, which itself was a sub-subcontractor. This company notified plaintiff on June 23, 1944, that the prime contractor would not accept further shipments after June 29, 1944.

Thereafter, plaintiff filed termination claims with the B-M Machine Works and with the Neloc…