Gardiner Manufacturing Co. v. United States

OPINION

DUNIWAY, Circuit Judge.

On January 7, 1965, Gardiner Manufacturing Company delivered 18 steel tackle blocks to the United States pursuant to Gardiner’s subcontract with Orbit Industries, Inc. Orbit, the prime contractor, paid for the blocks with a check which was dishonored on January 18. Orbit subsequently went bankrupt, and Gardiner instituted this action against the United States to recover the value of the blocks. The district court held for the United States, and Gardiner appeals. We affirm.

First, Gardiner argues that it is entitled to recover the cost of the blocks under the…