Volentine and Littleton v. United States

*953MADDEN, Judge.

The plaintiff partnership had a contract with the Government to clear the timber from the site of the reservoir which was to be created by the Whitney Dam on the Brazos River in Texas. It •sues to recover alleged extra costs which it incurred because of the Government’s actions, and liquidated damages assessed against it by the Government. The plaintiff says that while it was performing the contract, the Government closed "the dam and thereby inundated the lower part of the plaintiff’s work.

The plaintiff’s contract contained a provision, lodging in the Government’s ■contracting…