Ouilmette Construction & Engineering Co. v. United States

This case is similar to the case of Gillen Co. v. United States, 88 C. Cls. 347. The one issue involved is determinable as one of law from facts which do not admit of serious dispute. The defendant accepted plaintiff’s bid to furnish all the materials and labor necessary to construct Lock No. 4 in the Mississippi River at Alma, Wisconsin. The plaintiff is a Delaware corporation and possessed the equipment essential for the contract work.

*343Specification. 2 (c) contained the provisions set forth in Finding 4. From this specification the contractor learned that the defendant did not own certain…