United States v. National Wholesalers

It appearing to the Court:

(1) that by this action the United States seeks recovery from defendants of penalties for alleged false claims against the Government under 31 U.S.C.A., §§ 231 , 232, 233;

(2) that on April 1, 1950, by WD Form 106 with Schedule “A” and condiditions attached, defendants contracted with the Government to supply 6,600 voltage regulators described in the contract as:

(3) that Government Forms 1034 and 405-60-C, being vouchers for purchases and shipping documents, bear certifica *358 tion that the contract requirements have been complied with and, as signed by defendants’ representative, are alleged to be false and fraudulent because (a) defendants did not supply genuine Delco-Remy voltage regulators manufactured by the Delco-Remy division of General Motors Corporation and (b) because the voltage regulators which were supplied by defendants were allegedly inferior to those of Delco-Remy manufacture;

(4)’ that ambiguities in the documents in question at bar — all having been prepared by the plaintiff — may be construed against the Government where consonant with the public interest [see 3 Williston on Contracts 1788, § 621; see also, id. §§ 619, 620, 626…