Charles Elcock. No. 43521. MARCH 4, 1940 Rental allowance; Captain in the Engineer Reserves, United States Army, on active duty with the Civilian Conservation Corps. Findings of fact and conclusion of law. Judgment for the plaintiff in the sum of $499.50. No. 43348. MARCH 4, 1940 Landis & Young, Builders. Government contract; delay by the Government. Findings of fact and conclusion of law; judgment for the plaintiff in the sum of $2,483.55, in a Memorandum Per Curiam as follows: The plaintiffs' claim is amply supported by the evidence. There is no contention on the part of the defendant that the plaintiffs are not entitled to recover. The amount of their loss and damage cannot be exactly computed, but we think the commissioner of this court correctly estimated it at $2,483.55. A stipulation has been filed in the case setting out that The Aetna Casualty & Surety Company, a corporation, was surety on the bond of the plaintiffs for the performance of the contract and for the payment to all persons furnishing labor and material for use in the work. The plaintiffs acknowledge that the surety has been obliged to pay a sum considerably in excess of the amount claimed in the suit and for which it has not been reimbursed, as a consequence of which the surety is entitled to an equitable subrogation. The parties agree that judgment may be entered in the name of the plaintiffs for the use of The Aetna Casualty & Surety Company, and it is so ordered. COTTON LINTER CASES In the following cases involving claims for damages for breach of World War contracts for cotton linters, pursuant to the stipulation filed in the case of Rose City Cotton Oil Mill v. United States, Congressional No. 17341 (and all other pending cotton linter cases as per list attached to said stipulation), and the agreement of the parties, judgments against the Government were rendered as indicated: ON DECEMBER 4, 1939 D-1097. Peoples Cotton Oil Co., Receivers, $6,610.15. No. 17425, Congressional. McNair-Young Co., Liquidating Agent, $8,475.17. No. 17494, Congressional. Winterville Cotton Oil Co., $4,437.31. No. 17542, Congressional. Lake County Manufacturing Co., $14,102.03. ON FEBRUARY 5, 1940 No. 17367, Congressional. Alabama Oil & Guano Company, $1,686.94. No. 17548, Congressional. Ripley Oil Mills, Rufus Campbell, Receiver, $4,452.43. No. 17549, Congressional. Continental Cotton Oil Co., Laura O. Guitar et al., $1,020.87. CASES DISMISSED BY THE COURT OF CLAIMS ON MOTION OF PARTIES, OR OF THE COURT FOR NONPROSECUTION 42830. Sylvester D. Townsend, et al., receivers for Eastern Bankers Corporation. (On the authority of Allied Agents, Inc., 88 C. Cls. 315) 44784. Brauer Brothers. 44792. Railway Exchange Building. 44801. Progressive Service Company. 44802. Pelligreen Real Estate Company. 44805. Corneli Seed Company. 44833. Calion Lumber Company. 44855. Thomas & Proetz Lumber Company. 44856. Beltex Lumber Company. |