Court of Claims, 1928

Dyer & Co. v. United States

Court of Claims · Decided May 28, 1928 · Booth, Ghief, Graham, Green, Moss

65 Ct. Cl. 612; 1928 U.S. Ct. Cl. LEXIS 392; 1928 WL 2932

Counsel

Mr. Robert T. Scott for the plaintiff. Messrs. Frank Davis, jr. and William D. Harris were on the brief., Messrs. John E. Hoover and Charles F. Kincheloe, with whom was Mr. Assistant Attorney General Herman J. Galloway, for the defendant. Mr. McClure Kelley was on the brief.

Opinion of the Court

Moss, Judge,

delivered the opinion of the court:

This action was submitted w.ith the cases of Shofstall Hay & Grain Co. v. United States, B-120, and Albert Miller et al. v. United States, B-121, on the evidence taken in the three cases. The opinion in the Miller case, decided as of this date, is applicable to the questions involved in the instant case. Plaintiff is entitled in this action to recover" as follows:

On weight shortages-$11,904.98

Repricing and regrading-5, 881.16

Total and partial rejections. IT, 008. 56

Errors in freight charges_ 138. 76

Switching charges_ 123.60

Reconsigning charges-

Demurrage deductions-71. 07

Erroneous discounts_ 865.40

Total-35,999. 71

And it is so ordered.

Green, Judge; Graham, Judge; and Booth, Ghief Justice, concur.

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