United States v. American Sales Corporation

HUTCHESON, District Judge.

These two suits involve tbe same transaction, a sale in 1920 of 7,770 escort wagons. The first suit is an action on tbe part of tbe United States to recover a balance due on a contract for tbe sale of tbe wagons at $55.20 each. Tbe second is a suit by tbe sales corporation to recover an amount due it on account of its having paid, at tbe price of $30.25 each, for more wagons than it received.

Plaintiff, tbe United States, admits tbe overpayment and concedes that tbe defendant is entitled to a credit on tbe account sued for of $12,000 on account of this overpayment.…