Towar Cotton Mills, Inc. v. United States, 270 U.S. 375 (1926)

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Towar Cotton Mills, Inc. v. United States

No. 196

Argued January 29, 1926
Decided March 1, 1926
270 U.S. 375

APPEAL FROM THE COURT OF CLAIMS

Syllabus

1. Where there are no findings of the Court of Claims that claimant suffered any loss or damage under, or by reason of the cancellation of his contract with the War Department, it is unnecessary to consider whether an award, made by the Secretary of War and accepted by the claimant, was binding on the latter. P. 377.

2. Where claimant entered into two contracts, one to supply goods to the government and the other, later, by which the government advanced money to carry out the first and took his note, upon which were to be credited deductions from payments falling due under the first, an award to the claimant on the first (after its cancellation) did not bar the government’s counterclaim on the note, and the award was properly credited as of its date, rather than the date when the earlier contract was cancelled. P. 377.

59 Ct.Cls. 841 affirmed.

Appeal from a judgment of the Court of Claims dismissing claimant’s petition and awarding recovery to the United States on a counterclaim.