Opinion

Philadelphia Boiler Works v. United States

  • 67 Ct. Cl. 311
  • 1929 U.S. Ct. Cl. LEXIS 372
  • 1929 WL 2527
Court
United States Court of Claims
Filed
Mar 18, 1929
Status
Published
Author
Graham
On the bench
Booth, Geeen, Graham, Moss, Sinnott
Cited by
0 cases
Authority
More cited than 12.5%

The opinion

Graham, Judge,

delivered the opinion of court:

The facts are fully stated in the findings. The suit involves two claims by a subcontractor. There does not seem to have been any privity between plaintiff and the Government in either claim. But, however this may be, both claims are informal, and enforceable only under the Dent Act. Each claim was at different times presented to and rejected by the Board of Contract Adjustment of the War Department, and in neither case was any appeal taken from that decision to the Secretary of War. The claims not having *318 been passed upon by the Secretary of War, this court is without jurisdiction. See United States Bedding Co. v. United States, 55 C. Cls. 459 .

The petition should be dismissed, and it is so ordered.

Sinnott, Judge; Geeen, Judge; Moss, Judge; and Booth, Chief Justice, concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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