James Stewart & Co. v. United States

Plaintiff brings this suit upon a judgment previously awarded by this court upon a contract between it and defendant. The defendant sets up a counterclaim based upon *129wbat it alleges to be overpayments to tbe plaintiff on other contracts, and the issue between plaintiff and defendant is whether under the terms of these contracts defendant may now be permitted to maintain an action on the items of its counterclaim.

The contracts upon which the overpayments were alleged to have been made were what are commonly called “ cost-plus contracts,” and contained a provision as follows:

“ Cost of the work.…