Fraass Surgical Manufacturing Co. v. United States

In this case involving three defense supply contracts, plaintiff, Fraass Surgical Manufacturing Company, Inc., presents a three-count petition for relief:

Comit I is a request for reformation of contract to relieve plaintiff of liability for destruction of government property lost in a fire on plaintiff’s premises.

Count II seeks mitigation under the contracts of the amount of plaintiff’s alleged liability to the government.

Oount III asserts that the money which plaintiff ultimately paid to defendant was paid under mistake of fact or law and that plaintiff is, accordingly, entitled to repayment.