Court of Claims, 1928

Carroll Electric Co. v. United States

Court of Claims · Decided April 2, 1928 · Booth, Campbell, Graham, Moss

65 Ct. Cl. 197; 1928 U.S. Ct. Cl. LEXIS 464; 1928 WL 3046

Counsel

Mr. George R. Shields for the plaintiff. King & King were on the brief., Mr. Ralph C. Williamson, with whom was Mr. Assistant Attorney General Herman J. Galloway, for the defendant.

Opinion of the Court

*198MEMORANDUM BY

CHIEF JUSTICE CAMPBELL

This case was referred to a commissioner of the court, to whose report there is no exception. Only one question is presented and that is upon the right of the Government to retain a deduction of'2 per centum of the amount admitted to be due as the consideration for the qualified release. The court has held that such a right does not exist in a case where the same question was presented. See Pawling & Co. case, 60 C. Cls. 699, 707, 712. This case was affirmed, 273 U. S. 665. See also McClintic-Marshall Co., 59 C. Cls. 817. Judgment is awarded for this item.

Moss, Judge; Graham, Judge; and Booth, Judge, concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.