Standard Steel Car Co. v. United States

The. plaintiff’s suit is upon a contract dated October 29, 1917, for the construction of howitzer carriages, with which we are not now concerned except as to identity for the purpose of distinguishing it. The questions for consideration arise on demurrer to the defendant’s counterclaim predicated on alleged facts growing out of the performance by the *727plaintiff of an order of November 16, 1917, for howitzer carriages, which order was entirely separate and distinct from the contract sued on by plaintiff.

The counterclaim is lengthy and, aside from a brief summary, its allegations in so far as…