Midland Land & Improvement Co. v. United States, 270 U.S. 251 (1926)

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Midland Land & Improvement Company v. United States

No. 105

Argued January 8, 1926
Decided March 1, 1926
270 U.S. 251

APPEAL FROM THE COURT OF CLAIMS

Syllabus

Where a contractor, though not in default, abandons the work and refuses to complete the contract, the government may relet the unfinished work to another and apply retained percentages towards recoupment of additional expenses so incurred.

58 Ct.Cls. 671 affirmed.

Appeal from a judgment of the Court of Claims in favor of the United States in a suit to recover the amount of moneys retained by the government from payments made to the claimant on account of work done under a contract which the claimant afterwards abandoned.