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CROOK CO. v. UNITED STATES

No. 122.

270 U.S. 4 (1926)

46 S.Ct. 184

70 L.Ed. 438

H.E. CROOK COMPANY, INC. v. UNITED STATES.

Supreme Court of United States.

Decided January 25, 1926.

Attorney(s) appearing for the Case

Messrs. G.M. Brady and Bynum E. Hinton, with whom Mr. Julian C. Hammack was on the brief, for appellant.

Assistant Attorney General Galloway, with whom Solicitor General Mitchell and Mr. Joseph Henry Cohen, Special Assistant to the Attorney General, were on the brief, for the United States.

MR. JUSTICE HOLMES delivered the opinion of the Court.

This is an appeal from a judgment of the Court of Claims, taken under § 242 of the Judicial Code before that section was repealed by the Act of February 13, 1925, c. 229, § 13; 43 Stat. 936, 941. The claim is for damages due to delay in enabling the plaintiff to perform a contract. The Court of Claims held that the plaintiff waived any claim that it might have had by going on with the work without protest...

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