Fong

This appeal brings before us issues of fact and law related to a certain ship *402 sales and scrapping contract of February 2, 1948 between plaintiff’s agent, the United States Maritime Commission, and the defendant, T. Y. Fong, involving 15 of the plaintiff’s immobilized merchant vessels lying in Subic Bay in the Philippines on the date of the contract. Herein the parties will be called plaintiff and defendant, respectively, as they were in the Trial Court.

The United States of America as plaintiff brought this action by the filing of its original complaint in the Trial Court on December 31, 1956, and later filed an amended complaint.

Plaintiff’s amended complaint alleging violations of law and of contract set out four separate counts or causes of action: (1) for violation of the False Claims Act ( 31 U.S.C.A. §§ 231 , 232), (2) for violation of the Surplus Property Act of 1944 < 58 Stat. 765 ; 50 U.S.C.App.1946 ed. § 1611 et seq. 1 ), (3) for conversion of the vessels, and (4) for breach of contract of February 2, 1948. That amended complaint followed defendant Fong’s motion to dismiss plaintiff’s original complaint based on only the substance of the foregoing first count of…