Dix Island Granite Co. v. United States 17 Ct. Cl. 441

(12 C. Cls. R., 624; 105 U. S. R., 37.)

The Dix Island Granite Company, appellants, v. The United States, appellees.

On the claimants Appeal.

The eoniraet hound the defendants to pay for stones, where the dimensions did not exceed twenty cubic feet, sixty-five cents per foot, “and one cent additional for every cubic foot of those having dimensions exceeding twenty feet.”' The defendants paid the additional price for the larger class of stones reckoned cumulatively, hut began the accumulation at the twenty-first foot.

The court below decides that the price is cumulative for stones exceeding twenty feet, and that the cumulative price is to be reckoned for every foot in the stone.

The judgment of the court below is affirmed and on the same ground.

The Reporters’ statement of the case:

This case was first heard on demurrer before three judges.. (12 C. Cls. B., 624.) The court was then divided, the decision of two judges being adverse to the claimants. On the hearing upon the merits before a full bench, judgment was for the claimants (14 C. Cls. B., 598), for the reasons given by the dissenting member of the court at the previous hearing.