Pelton Water Wheel Co. v. United States
United States Court of Claims
The Reporter's statement of the case: It affirmatively appears that no damage was sustained by the United States. A provision to liquidate damages equitably, at least, requires that there should be some damage to liquidate. The case of Bethlehem Steel Go. v. United States, 205 U. S., 105, holds that proof of damage is not required where there is a provision for liquidated damages, but in that case evidence was admitted there from which it appeared that there was damage.
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The Reporter's statement of the case: It affirmatively appears that no damage was sustained by the United States. A provision to liquidate damages equitably, at least, requires that there should be some damage to liquidate. The case of Bethlehem Steel Go. v. United States, 205 U. S., 105, holds that proof of damage is not required where there is a provision for liquidated damages, but in that case evidence was admitted there from which it appeared that there was damage. It is true that the Court of Claims made a finding that the Government had not sustained any damage, but a proper…
1Opinion of the CourtDowney, Judge
This action is predicated upon certain contracts between the plaintiff and the Isthmian Canal Commission for the delivery at Colon of enumerated items of machinery and appliances. The contracts are made a part of the findings, the material facts with reference to the transactions thereunder are also included therein, and the questions for determination are such that it is not deemed necessary to indulge in repetition herein.
The plaintiff seeks recovery upon three items: First, for the sum of $1,051.43 on account of alleged additional expense incurred by reason of governmental requirements as…
2Cases cited6 opinions
- Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
- United States v. Bethlehem Steel Co.Supreme Court of the United States · 1907
- Wise v. United StatesSupreme Court of the United States · 1919
- Plumley v. United StatesSupreme Court of the United States · 1913
- United States v. William Cramp & Sons Ship & Engine Building Co.Supreme Court of the United States · 1907
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3Cited by2 opinions
- A. L. Coupe Construction Co. v. United StatesUnited States Court of Claims · 1956
- St. Louis Car Co. v. United StatesUnited States Court of Claims · 1924