Opinion
Gen. No. 43,835. (Abstract of Decision.)
Opinion filed April 21, 1947 Released for publication May 5, 1947
CONTRACTS, § 585 — weight of evidence whether parts serviced by subcontractor met contract specifications. In action by subcontractor against Government contractor to recover for work and labor performed on "sleeve blanks" to be used in construction of war aeroplanes, overwhelming weight of evidence was to effect that blanks did not meet specifications of written contract, were not useable for purpose made and were not so used because of "collet" marks thereon, caused by clamping tools during machining process, which could not be corrected by buffing for reason that blanks thereby would be rendered so thin that they would not meet dimensional specifications of U.S. Army, and therefore subcontractor was not entitled to recover.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. JOSEPH J. DRUCKER, Judge, presiding.
Judgment reversed. Heard in the first division, first district, this court at the October term, 1946.
Lederer, Livingston, Kahn Adsit, for appellant;
Harry H. Kahn and Richard C. Bleloch, of counsel;
Orr, Lewis Orr and David Wald, for appellees;
Wallace W. Orr, Haskell F. Lamm and David Wald, of counsel.
Not to be published in full. Opinion filed April 21, 1947; released for publication May 5, 1947.