AMERICAN ENGINEERING CO. v. UNITED STATES

No. 19074.

24 F.Supp. 449 (1938)

AMERICAN ENGINEERING CO. v. UNITED STATES.

District Court, E. D. Pennsylvania.

May 20, 1938.


Attorney(s) appearing for the Case

George B. Clothier, G. Ruhland Rebmann, Jr., and Edmonds, Obermayer & Rebmann, all of Philadelphia, Pa., for plaintiff.

Edward A. Kallick, Asst. U. S. Atty., of Philadelphia, Pa., J. Cullen Ganey, U. S. Atty., of Bethlehem, Pa., Tom DeWolfe, Sp. Asst. to Atty. Gen., and J. H. Reddy, Sp. Atty., Dept. of Justice, of Washington, D. C., for the United States.

Before KIRKPATRICK, District Judge.


The plaintiff, after nearly a year's delay, finally completed its contract with the government to furnish equipment and machinery for handling boats and seaplanes, for four cruisers. The price was $104,593. From its payments, the government withheld 10% or $10,459.30, as damages for delay in delivery, under a clause of the contract which liquidated the damages at 1/10 of one per cent. of the price for each day's delay, with a limit of 100 days. The plaintiff waived $459.30...

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