Louis Brandeis

“ The contract required the company to furnish a bond with sureties in a sum equal to ten per cent. of the total cost of all groups, and provided that 'at the end of each calendar year the amount of said bond may be reduced to correspond to the estimated cost of armor then undelivered.' The bond was furnished; and delivery of all the armor originally specified was completed May 2, 1911. But on March 26, 1912, plates aggregating at cost prices more than the penalty of the bond were found to be defective, and a part of his was not replaced until November 22, 1912. ”

“ Payment being refused, suit was brought in the Court of Claims to recover this amount and also a balance of $3,170.69 for plate delivered. Judgment for the latter sum was entered; but the court held that the company was not entitled to recover for the premiums paid. ”