Nevens

The appellant as plaintiff in the court below, had judgment, against the United States in an action under Title 28 U.S.C. A. § 1346(a) (2), current version of the old Tucker Act, to recover compensation for the reasonable rental value of two electric welders used by the Pasco Naval Air Station. The district court found such compensation should be the sum of $750, and gave judgment accordingly. Asserting that he should have recovered a greater amount, plaintiff took this appeal.

As the matter is presented here, two factors are involved: the reasonable rental value per month; and the period during which the Government used the welders. The court found that plaintiff acquired the property on October 4, 1944, at which time the welders were already in the possession of and being used by the Naval Air Station. It found that the station “used the aforesaid electric arc welders for a period which is indefinite * * * and I find that the use of said welders did not extend into the year 1946, but was terminated some time prior thereto.”

Appellant asserts that in arriving at the sum of $750 which it awarded, the court underestimated not only the fair monthly rental value, but the period of…