Russell Wheel & Foundry Co. v. United States

HICKS, Circuit Judge.

On July 10, 1918, the United States Shipping Board Emergency Fleet Corporation, through its agent, American International Shipbuilding Corporation, placed an order with plaintiff in error, herein called defendant, for the manufacture and delivery at Hog Island, Pa., of 120 ship propellers. Defendant accepted this order on July 15th. Twenty-two of these propellers were delivered by November 5, 11918, and upon inspection were rejected. Defendant acquiesced in their rejection and replaced the propellers. Upon completion of the order defendant was paid, not only for the 120…