United States of America, for the Use and Benefit of Munroe-Langstroth, Inc. v. Joseph W. Praught, D/B/A J. W. Praught Company

WOODBURY, Chief Judge.

This is an appeal from so much of a judgment entered in an action under the Miller Act, 49 Stat. 793, 40 U.S.C.A. §§ 270a-270d, as disallowed the use plaintiff’s claim for the cost of constructing a cofferdam. There is no serious dispute over the basic facts which for present purposes can be stated in summary fashion as follows:

The defendant Praught entered into a contract with the United States acting by and through the Department of the Navy to construct additions to the heating plant at the United States Naval Air Station in Brunswick, Maine, and gave a performance…