Wagner Whirler & Derrick Corp. v. United States

WHITAKER, Judge.

This action arises out of a contract dated December 15, 1941, between plaintiff and defendant whereby plaintiff agreed to manufacture and erect two 20-ton jib cranes at the Philadelphia Navy Yard for a consideration of $265,-000, which was later increased by two change orders to $278,192.13.

The controversy presented concerns the following four things:(1) The extra cost to which plaintiff alleges it was put for completing parts of the cranes at the Philadelphia Navy Yard instead of at the plant of its subcontractor in New York, as the result of defendant’s order to it to ship…