UNITED STATES v. NOEL CONST. CO.

No. 818.

1 F.2d 446 (1924)

UNITED STATES, for Use of McNULTY BROS. v. NOEL CONST. CO. et al.

District Court, D. Massachusetts.

August 8, 1924.


Attorney(s) appearing for the Case

Charles R. Elder, of Boston, Mass., and William F. Kimber, of New York City, for plaintiff.

H. R. Bygrave and H. V. Cunningham, both of Boston, Mass., for defendants.


MORTON, District Judge.

Only two questions of fact are now in dispute, viz.: (1) Certain countercharges against McNulty Bros. by Noel for removing rubbish and for making good damage done by the plasterers; and (2) allowances for extras to Daniels and Blomquist on painting. The auditor disallowed the first to a considerable extent, and allowed the second against the defendant for about 50 per cent. of the claim.

As to (1), two witnesses testified orally before...

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