Branch Banking & Trust Co. v. United States

Plaintiffs sue to recover $242,170.85 alleged due under a cost-plus-a-fixed-fee contract. ■ ■■

Defendant by a special plea in fraud avers that the claim for the balance of the fixed fee in the sum of $61,111.50 should be forfeited to the United States.

In the month of December 1940, plaintiffs entered into- a cost-plus-a-fixed-fee contract with the defendant,’the United States of America, for the construction of an antiaircraft firing center near Wilmington, North Carolina. The contract provided that plaintiffs would be paid by defendant a fixed fee of $270,942.00. The contract further provided…