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Contracts Keyed to Burton
United States v. Algernon Blair, Inc.
Citation:
479 F.2d 638, 26 A.L.R. Fed. 741Facts
Algernon Blair, Inc. (hereinafter “Blair”) (defendant) entered into a contract with the United States for the construction of a naval hospital. Blair contracted with Coastal Steel Erectors, Inc. (hereinafter “Coastal”) (plaintiff) to perform steel erection and supply equipment in conjunction with the primary contract with the United States. Coastal supplied its own cranes for the project. Blair refused to pay for the crane rental and Coastal terminated its performance. At the time of termination, Coastal had completed approximately 28 percent of its subcontract. Coastal sued Blair for damages. The district court found that the subcontract required Blair to pay for the crane use but refused to award Coastal damages.
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