United States v. William Cramp & Sons Ship Engine Building Company

by David Josiah Brewer

United States Supreme Court

206 U.S. 118

United States  v.  William Cramp & Sons Ship Engine Building Company

 Argued: April 18, 19, 1907. --- Decided: May 13, 1907

Statement by Mr. Justice Brewer: On November 19, 1890, the William Cramp & Sons Ship & Engine Building Company entered into a contract with the United States to construct what was called 'Coast-line Battle Ship No. 1,' afterwards known as the battle ship Indiana, for the sum of $3,020,000, the ship to be completed and ready for delivery to the United States within three years from the date of the contract. As a matter of fact the vessel was not completed and delivered until November 19, 1895; but, as the delay was occasioned by the United States, no damages were recoverable from the building company on account thereof. On August 10, 1897, the company commenced this action in the court of claims to recover the sum of $480,231.90. The elements of its claim are thus stated in its petition: For time of organization and plant lost in waiting for armor, materials, etc., to be furnished by United States................ $144,379.50

For special wharfage, 730 days, at 1 cent per ton per day.............................. 74,825.00

For general care and maintenance of vessel, including coal, firemen, engineers, watchman, canvas awnings, wooden covers, keeping clean, removing snow, dust, etc., extra painting, tug hire, moving derrick, etc., 730 days, at $135 per day................................... 98,550.00

Additional cost of insurance....................... 34,462.55

Interest on money borrowed caused by delays of United States which prolonged final settlement........................ 60,499.91

Extra trial trip made necessary by construction and completion of vessel being delayed by United States............................................ 17,514.94

For loss due to running the official trial of "Indiana" with a foul bottom, as, owing to the delay caused by the completion of the vessel, it was impossible to clean and paint the bottom........................................ 50,000.00

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Total $480,231.90

On May 10, 1894, as appears from the findings made by the court of claims, an agreement was made between the parties by which moneys not then due by the terms of the original contract were paid, the stipulation in this new agreement being:

'But such payment shall not be made until the party of the first part has given bond with approved security conditioned for the return to the party of the second part of the amount so paid, upon demand being made by the Secretary of the Navy therefor, for indemnity of the party of the second part against loss or injury by reason of such payment, and, in consideration of such advance payment, the party of the first part hereby releases the party of the second part from all and every claim for loss or damage hitherto sustained by reason of any failure on the part of the party of the second part to comply with its contract, or on account of any delay hitherto occasioned by the action of said party of the second part.'

The time intervening between this agreement and the final completion and delivery of the vessel was one year, six months, and nine days; and that time was made the basis for the computation of damages, as will appear hereafter.

On May 18, 1896, after the completion and delivery of the vessel, the balance of the money due on the contract was paid, and a release and receipt executed by the building company in the following terms:

'Whereas, by the eleventh clause of the contract dated November 19, 1890, by and between The William Cramp & Sons Ship & Engine Building Company, a corporation created under the laws of the state of Pennsylvania, and doing business at Philadelphia, in said state, represented by the president of said company, party of the first part, and the United States, represented by the Secretary of the Navy, party of the second part, for the construction of a seagoing coast-line battle ship of about 10,000 tons displacement, which, for the purpose of said contract, is designated and known as 'Coast-line Battle Ship No. 1,' it is agreed that a special reserve of sixty thousand dollars ($60,000) shall be held until the vessel shall have been finally tried; provided that such final trial shall take place within five months from and after the date of the preliminary or the conditional acceptance of the vessel; and

'Whereas, by the sixth paragraph of the nineteenth clause of said contract it is further provided, that when all the conditions, covenants, and provisions of said contract shall have been performed and fulfilled by and on the part of the party of the first part, said party of the first part shall be entitled, within ten days after the filing and acceptance of its claim, to receive the said special reserve or so much thereof as it may be entitled to on the execution of a final release to the United States in such form as shall be approved by the Secretary of the Navy, of all claims of any kind or description under or by virtue of said contract; and

'Whereas the final trial of said vessel was completed on the eleventh day of April, 1896; and

Whereas all the conditions, covenants, and provisions of said contract have been performed and fulfilled by and on the part of the party of the first part;

'Now, therefore, in consideration of the premises, the sum of forty-one thousand one hundred and thirty-two dollars and eighty-six cents ($41,132.86), the balance of the aforesaid special reserve ($60,000), to which the party of the first is entitled b eing to me in hand paid by the United States, represented by the Secretary of the Navy, the receipt whereof is hereby acknowledged, The William Cramp & Sons Ship & Engine Building Company, represented by me, Charles H. Cramp, president of said corporation, does hereby, for itself and its successors and assigns, and its legal representatives, remise, release, and forever discharge the United States of and from all and all manner of debts, dues, sum and sums of money, accounts, reckonings, claims, and demands whatsoever, in law or in equity, for or by reason of or on account of the construction of said vessel under the contract aforesaid.

'In witness whereof I have hereunto set my hand and affixed the seal of The William Cramp & Sons Ship & Engine Building Company this eighteenth day of May, A. D. 1896.

[Seal.] Chas. H. Cramp, President.

Attest: John Dougherty, Secretary.'

The court of claims found for the claimant in the following items and amounts:

The reasonable value for the use of the claimant's yard, machinery, and tools, and for superintendence in the construction of the vessel, including the general upkeep of the yard chargeable to the Indiana, $3,000 per month, making................................... $54,887.67

The reasonable cost of the proper care and protection of the vessel during the two years' delay, including expense of cleaning the bottom, furnishing material and painting, temporary awnings and tents over caps left for the introduction of turrets, additional scaling to remove rust before painting, electric lighting, keeping up steam to prevent freezing of valves, wetting down decks going over machinery, and keeping vessel free from snow, dust, ice, and debris, from May 10, 1894................... 36,591.78

Wharfage from May 10, 1894, including the dredging of a basin to accommodate the vessel........................................... 17,808.00

The proportionate expense for the period from May 10, 1894, of the cost of insurance during the two years' delay................................................ 26,272.55 --------- $135,560.00

And rendered judgment against the government for $135,560. From this judgment both parties appealed.

Attorney General Bonaparte, Assistant Attorney General Van Orsdel, and Mr. Charles C. Binney for the United States.

[Argument of Counsel from pages 122-124 intentionally omitted]

Messrs. John C. Fay, Holmes Conrad, Eaton Creecy, and Eppa Hunton for the Cramp Company.

[Argument of Counsel from pages 124-126 intentionally omitted]

Mr. Justice Brewer delivered the opinion of the court:

Notes