Alfred Hofmann and Company v. The United States

JONES, Chief Judge.

This is a suit to recover the drayage or truck charges, in the amount of $27,-834.42, incurred by plaintiff in delivering certain practice bombs sold by it to the Navy Department of the United States. The case is before us on defendant’s motion for summary judgment.

Plaintiff operated one plant in West New York, New Jersey, and another near Murfreesboro, Tennessee. On April 22, 1957, pursuant to competitive bidding, plaintiff was awarded a fixed price supply contract, which called for the manufacture of 600,000 twenty-five-pound practice bombs as a total price of $2,724,000.…