MR. JUSTICE CLARKE delivered the opinion of the court.
This is an appeal to review a judgment by the Court of Claims in favor of the Government, on a claim for damages growing out of a written contract dated May 18, 1898, for the manufacture of 50 wire-wound rapid fire guns, 25 of 5-inch caliber and 25 of 6-inch caliber. No guns having been delivered under the contract it was annulled by the Chief of Ordnance, with the approval of the Secretary of War, in an order...
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