71 Ct. Cl. 571 | Ct. Cl. | 1931
delivered the opinion:
The defendant has filed a motion for a new trial asking for certain amendments and additions to the findings of fact heretofore made and urging that the amount of $43,234.28, representing the difference between the cost of the raw materials and their market value at the date of cancellation of the contracts, be allowed in determining the just compensation to which the plaintiff is entitled instead of the amount of $64,832.77 heretofore allowed by the court.
Upon consideration of this motion, the court is of opinion that it is well taken, and it is allowed. The findings of fact, conclusion of law, and opinion heretofore rendered are vacated and set aside.
No jurisdictional question is involved. The facts show that a definite number of pounds of structural steel plates were contracted for by the defendant through the United States Shipping Board Emergency Fleet Corporation. Immediately upon receiving the written orders plaintiff purchased or contracted for the purchase of the raw materials