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MORLEY CO. v. MD. CASUALTY CO.,

No. 325.

300 U.S. 185 (1937)

57 S.Ct. 325

81 L.Ed. 593

MORLEY CONSTRUCTION CO. ET AL. v. MARYLAND CASUALTY CO.

Supreme Court of United States.

Decided February 1, 1937.

Attorney(s) appearing for the Case

Mr. Martin J. O'Donnell, with whom Mr. William Buchholz was on the brief, for petitioners.

Mr. Spencer F. Harris, with whom Messrs. John C. Grover, Paul G. Koontz, George F. Cushwa, and Roger J. Whiteford were on the brief, for respondent.

MR. JUSTICE CARDOZO delivered the opinion of the Court.

The power of an appellate court to modify a decree in equity for the benefit of an appellee in the absence of a cross-appeal is here to be admeasured.

Morley Construction Company, a petitioner in this court, made a contract with the United States, acting by the Veteran's Administration Department, for the construction of a veterans' hospital at Batavia, New York. In conformity with statute (40 U.S.C....

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