Legal Opinion · Dissent

Brand Inv. Co. v. United States

United States Court of Claims

Decided June 5, 1944No. 44617Published

1DissentLittleton, Judge

I do not agree with finding 9 allowing $2,915.75 as damages for “rental value of equipment” and that part of the majority opinion which holds broadly that where *752there is evidence that equipment used by a contractor in performance of a construction contract with the Government has a “rental value,” such rental value so shown, or as here, some lesser amount, i.e., one-half of the claim for 109 days, estimated without proof relative thereto, is allowable against the Government as damage by reason of delay caused by the Government. My objection does not go to the proposition that in a proper case…

2Cases cited32 opinions

  1. The ConquerorSupreme Court of the United States · 1897
  2. Wicker v. HoppockSupreme Court of the United States · 1867
  3. Phillips & Colby Construction Co. v. SeymourSupreme Court of the United States · 1876
  4. United States v. SmithSupreme Court of the United States · 1877
  5. The CayugaSupreme Court of the United States · 1872

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