Ferguson & Edmondson Co. v. United States

This is a suit to recover damages for alleged misrepresentation and arbitrary and capricious action on the part of the contracting officer. Plaintiff also sues to recover for two items of extra expense which it claims to have incurred in fulfilling the contract.

By contract dated September 16,1936, plaintiff corporation agreed to furnish the materials and perform the work necessary for the relocation of a portion — 5.92 miles — of the Baltimore and Ohio Railroad located in Tuscarawas and Sparta Counties, Ohio. The plaintiff, with the consent of the defendant, subcontracted to Ceylon E. Love…