
    CARROLL ELECTRIC CO. v. THE UNITED STATES
    [No. C-922.
    Decided April 2, 1928]
    
      On the Proofs
    
    
      Settlement contract; refusal to sign general release; withholding compensation-. — See McGlimtic-Marshall Oo. v. United, States, 59 C. Cls. 817.
    
      The Reporter's statement of the case:
    
      Mr. George R. Shields for the plaintiff. King & King were on the brief.
    
      Mr. Ralph C. Williamson, with whom was Mr. Assistant Attorney General Herman J. Galloway, for the defendant.
    
      In settlement between plaintiff and the Government for work performed under contract, the plaintiff declined to sign a general release in favor of the Government because it had a claim, then pending, for additional compensation. The Government refused to pay the amount admittedly due ánd at the same time “ permit ” a reservation of the pending claim, unless it received as consideration for such permission 2 per cent of the amount of additional compensation claimed. A qualified release was accordingly executed, under which the Government withheld $82.84 from the amount admittedly due.
    The court gave judgment for plaintiff in the sum of $82.84, and with the judgment was filed the following
   MEMORANDUM BY

CHIEF JUSTICE CAMPBELL

This case was referred to a commissioner of the court, to whose report there is no exception. Only one question is presented and that is upon the right of the Government to retain a deduction of'2 per centum of the amount admitted to be due as the consideration for the qualified release. The court has held that such a right does not exist in a case where the same question was presented. See Pawling & Co. case, 60 C. Cls. 699, 707, 712. This case was affirmed, 273 U. S. 665. See also McClintic-Marshall Co., 59 C. Cls. 817. Judgment is awarded for this item.

Moss, Judge; Graham, Judge; and Booth, Judge, concur.  