# Sunswick Corporation v. United States

> United States Court of Claims · January 5, 1948 · 75 F. Supp. 221

URL: https://www.frixlaw.com/law-library/cases/9751659

## Case

- **Full name:** Sunswick Corporation of Delaware v. United States
- **Court:** United States Court of Claims
- **Decided:** January 5, 1948
- **Citations:** 75 F. Supp. 221; 109 Ct. Cl. 772
- **Precedential status:** Published
- **Opinion:** Concurrence by Whitaker
- **Judges:** Howell, Jones, Lit-Tleton, Littleton, Madden, Whitaker
- **Cited by:** 32 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9751659

## Opinion text

WHITAKER, Judge
(concurring).
The specifications in this case stated that $1.25 was the prevailing rate for carpenters. The Wage Adjustment Board found that the prevailing rate for carpenters doing “water front work” was $1.421/2, and not $1.25, and that most of the carpenters on plaintiff’s job were doing “water front work.” As a result plaintiff was required to pay this higher rate.
There was, therefore, a misrepresentation in the specifications as to the prevailing rate for the carpenters on plaintiff’s job. Since plaintiff was compelled to pay the higher rate, I think it is entitled to recover for the misrepresentation, inasmuch as its bid had been made upon the basis of the $1.25 rate. This is so, I think, independent of whether or not the action of the Wage Adjustment Board was a sovereign act.
For this reason I concur.
I am authorized to say that Judge MADDEN agrees with this opinion.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9751659. Public record. Not legal advice.