Volk v. United States

Citations

• 56 Ct. Cl. 395
• 1921 U.S. Ct. Cl. LEXIS 295
• 1921 WL 1265

Syllabus

<p>On Defendant's Motion Under Section 175, Judicial Code.</p> <p>Ofintraetj jurisdiction; res judicata. — A construction company entered into a contract with the United States to perform certain excavation work, and after having performed a certain amount thereof, the company became bankrupt, and the United States took charge of the work and completed the same at a cost in excess of what it would have had to pay if the company had completed it. The Government brings suit against the bonding company in the circuit court (now district court) and the bankrupt company is allowed by the court to be made a party defendant as to the excess cost of completing said work, and it defends upon the ground that the Government’s classification of materials was erroneous thereby greatly increasing the cost of the work, but set up no counterclaim. The case was tried before a jury which rendered a verdict that the United States was not entitled to recover against either the bonding company or the contractor. Held, that the claim of the United States for excess cost of completing the work was res judicata, but that any claim of the bankrupt company, against the United States was not res judicata because the circuit court had no jurisdiction of such a claim.</p> <p>New trial ■under Section 115, Judicial Code. — The Court of- Claims has exclusive'jurisdiction to decide whether a motion for a new trial under section 175, Judicial Code, for alleged “fraud, wrong, or injustice ” done the United States, shall be granted, and there is no right of appeal from such decision.</p>