Josephine C. Rumley, Administratrix of the Estate of George S. Rumley D/B/A George S. Rumley Shoe Manufacturing Company v. United States

DURFEE, Judge.

Plaintiff sues for an amount allegedly due on a contract for the manufacture of duffel bags for the Army. The defendant does not deny that it is indebted to the plaintiff on that contract, but it has asserted a counterclaim based on damages allegedly due under an earlier but similar manufacturing contract which, if judgment is entered thereon, would leave a net amount owing the defendant. 1

The first contract in point of time, DA-30-280-QM-3833 (hereinafter referred to as Contract 3833), was awarded to plaintiff on June 16, 1950, pursuant to his bid of 47 cents per duffel bag on…