Smelcer v. United States

Jones, Ohief Judge,

delivered the opinion of the court:

This is one of the rare cases in which there is no legal liability, hut in which the ends of justice require that some pay*512ment be made, since the defendant received the benefits of the work, which was manifestly performed at a loss.

The facts as developed at a full hearing are as follows:

1. The plaintiff, John Lloyd Smelcer, is a resident of Midway, Greene County, Tennessee, and prior to World War II was operating under the firm name of Warrensburg Foundry, a business confined to the casting of small parts of brass and iron for farmers and…