Volk v. United States
United States Court of Claims
The Reporter's statement of the case: The decision of the engineers as to classification was binding, in the absence of fraud, or such gross error as to imply fraud.
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The Reporter's statement of the case: The decision of the engineers as to classification was binding, in the absence of fraud, or such gross error as to imply fraud. McLaughlin c& Go. v. United States, 37 C. Cls., 150; Toom/y Bros. v. United States, 49 C. Cls., 172; Ripley v. United States, 223 U. S., 695; Merrill-Ruckgaber Oo. v. United States, 241 U. S., 387. In order to have the classification as made by the Government’s engineers set aside and a new classification determined upon by this court, the court must find that either the Government engineers acted fraudulently or made such a…
1Opinion of the CourtCampbell, Chief Justice
This case arises out of a contract made with the Government by the Widell-Finley Co., whereby the latter agreed to do certain work near Belle Fourche, S. Dak. The company subsequently became bankrupt and the work was completed by the Government. At the time of the bankruptcy of the contractor there were retained percentages in the hands of the Government amounting to $23,876.94. This, it is contended, the Government can retain on account of the alleged *100increased cost to it of tbe work which the contractor failed to perform.
After completing the work, the United States brought its action…
2Cases cited1 opinion
- Weisberger v. United StatesUnited States Court of Claims · 1918
3Cited by1 opinion
- In re Mississippi Valley Iron Co.District Court, E.D. Missouri · 1945