United States v. Newport News Shipbuilding & Dry Dock Co.
Decision Date | 12 February 1910 |
Docket Number | 837. |
Citation | 178 F. 194 |
Parties | UNITED STATES v. NEWPORT NEWS SHIPBUILDING & DRY DOCK CO. |
Court | U.S. Court of Appeals — Fourth Circuit |
This is a writ of error to a judgment of the Circuit Court of the United States for the Eastern District of Virginia, in a suit brought under Act March 3, 1887, c. 359, 24 Stat. 505 (U.S Comp. St. 1901, p. 752), commonly known as the 'Tucker Act,' wherein the Newport News Shipbuilding & Dry Dock Company (defendant in error ) was plaintiff, and the United States (plaintiff in error) was defendant. The judgment was for $4,999.54, the amount claimed at the trial by the plaintiff corporation, and costs.
The court below made the following findings of facts after hearing the evidence offered by the parties:
'IV. That after 1890, and prior to the date of the Charleston contract, no ship anywhere built for the United States of more than 1,000 tons displacement had been tried by the standardization method.
'V. That during the period between 1890 and the date of the Charleston contract only thirteen (13) vessels, with a total aggregate displacement of 6,635 tons, were tried by the standardization method, and, in all such cases of trial, the same was had either upon the application, or with the consent of, the contractor; whereas, during the same period, thirty-three (33) vessels, with a total aggregate displacement of 149,696 tons, were tried by the method of having speed trials over a measured course.
'VI. The cost of standardizing large ships is very much greater than in the case of small ships and involves greater times. (See Record, page 30.)
'VII. That it has been customary in trials previously run by the claimant for the Navy Department to lay down conditions for the trial, but these conditions have been confined to matters of detail connected with the actual handling of the ship and her machinery at the actual time of trial. (See Record, p. 68.)
'VIII. That on the 30th day of March, 1901, the claimant entered into contract with the United States, through its Secretary of the Navy, whereby the claimant agreed to construct and complete the armored cruiser, Charleston, with 9,700 tons trial displacement, and when completed, as required by the drawings, plans, and specifications, and ready for delivery to the Government, the claimant agreed that the said vessel should 'be subjected to a trial trip in the open sea, under the conditions prescribed or approved by the Secretary of the Navy, to test the hull and fittings, machinery, including engines, boilers and appurtenances, the equipment and installation of the ordnance and ordnance outfit and the speed of the vessel,' and the claimant guaranteed 'that the speed developed by the vessel upon said trial, under conditions prescribed or approved by the Secretary of the Navy, shall be not less than an average of twenty-two (22) knots an hour, maintained for four consecutive hours.'
'The above agreement was made in consideration of two millions, seven hundred and four thousand dollars, and in consideration of certain other sums to be paid the claimant in the event of changes in the plans and specifications or alterations in the contract itself, which might be made by the United States pursuant to the rights in the contract reserved, a copy of which said contract was annexed to claimant's petition as a part thereof, and the same is made a part accordingly thereof, and introduced in the evidence in this case and in the words and figures following:
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