Lindsay

This is an appeal from a judgment awarding $2696 damages to appellants in a breach of contract action brought against the United States. Appellants here contend the judgment in their favor should have been in the amount of $6536.27 instead of $2696.

The appeal respecting the claimed difference rests upon the contention that the amount recovered does not cover the excess costs claimed to have been caused to the contractor by the government’s delay in delivering certain plumbing fixtures to be installed by appellants in buildings they were erecting.

Article 15 of the contract provides that such disputes shall be decided by the contracting officer subject to an appeal to the head of the department concerned.

The dispute here was decided by the contracting officer and he was sustained on appeal to the department head. The district court held of the decision of the contracting officer and the department head “That there was no such discrepancy or inadequacy between the amount sought and the amount allowed by the contracting officer as to indicate corruption or a partisan bias on the part of said contracting officer or head of the department. That the contracting officer and the head…