Dressler v. Peter Kiewit Sons' Co.

This is an appeal on questions of law from a judgment of the Common Pleas Court of Pike County in favor of the plaintiff, appellee herein. Peter Kiewit Sons’ Company, the appellant, hereinafter referred to as Kiewit, was the prime cost-plus, fixed-fee contractor with the government for construction of the gaseous diffusion plant of the Atomic Energy Commission near Waverly, Ohio.

On February 12, 1954, Dressier Gas & Appliance Company, the appellee, hereinafter referred to as Dressier, was awarded a subcontract by Kiewit to fabricate and deliver the air conditioning systems for certain…