92 Ct. Cl. 32 | Ct. Cl. | 1940
delivered the opinion of the court:
Before plaintiff was required to commence work under its contract of April 30, 1935, the National Industrial Re
The defendant did not cancel the contract. Plaintiff completed the contract, complying with the decision of the Secretary of Labor from the time it was rendered. After the contract was completed the Comptroller General arbitrarily deducted from the final statement $766.05 on the ground the plaintiff could not benefit by his own wrongful act. There is no provision in the law nor is there a provision in plaintiff’s contract permitting a deduction from the contract price by reason of failure to pay the prevailing wages in a locality.
The action of the Comptroller General was unwarranted.
Judgment will be entered in favor of plaintiff for $11,-4,82.49. It is so ordered.