Johnstown Coal & Coke Co. of New York, Inc. v. United States

The plaintiff, on May 22 and June 28, 1933, made two contracts to sell coal to the Government. The plaintiff was in fact acting as the selling agent for two operating coal companies. The contracts each contained a paragraph, quoted in full in finding 2, providing that the contract price was to be increased if labor costs increased the cost of producing the coal contracted for. Three wage increases were made by the producing companies during the period of performance, and the contract prices were adjusted and paid accordingly.

This suit is brought under the act of June 25,1938, giving to…