Commonwealth Engineering Co. of Ohio v. United States

LARAMORE, Judge.

Plaintiff’s petition and exhibits attached thereto disclose that on May 20, 1952, plaintiff entered into a negotiated contract with the Air Force whereby the plaintiff agreed to design and fabricate a certain electronic device known as a noise spectrometer for the contract price of $95,711.72. The contract provided for upward or downward price revision, with a ceiling price of $104,412.70. By supplemental agreement, the total target contract price was increased to $102,447.-22 with a ceiling price of $111,148.29.

Subsequently plaintiff began performance of the contract and the…