Phillips Kindy, Laurence M. Nelson and Livingston Garden Apartments, Inc. v. First Lieutenant Bernard G. Koenke

COLLET, Circuit Judge.

Bernard G. Koenke, a citizen of Minnesota and a reserve officer in the United States Air Force, was recalled for active duty, reporting on June 8, 1951. At that time he had almost completed the construction of a number of housing units under contract with the owner corporation, Livingston Garden Apartments, Inc. The contract provided for a lump sum payment to Koenke of approximately $91,000. The total costs had been estimated at over $100,000. The “owner” corporation had been incorporated by Koenke and Phillips Kindy for the purpose of erecting the buildings. All of its…