Woodbury Granite Co. v. United States

The facts in this case have been stipulated and are adopted by the Court as its special findings of fact.

It appears from the facts that there is due from the defendant $350 representing increased costs of performance due to enactment of the National Industrial Recovery Act. The right of recovery is statutory, Act of June 25,1938, 52 Stat. 1197.

The sole defense is nul tiel corporation. This issue would ordinarily be raised by a special plea, absent in this case, under the rule that the issue raised by a general traverse admits capacity to sue, United States v. Insurance Companies, 22 U. S. 99,…