MEMORANDUM
BY THE COURT.
This case is ruled by the case of Garford Motor Truck Co. v. United States, 57 C. Cls. 404. The same counterclaim, in the amount of $73,489.20, presented in that case by the defendant, has again been presented in this case under practically similar conditions as to the law. In the former case it was disallowed and should be disallowed in this case.
Judgment should be entered for the plaintiff against the defendant for the sum of $42,147.65, and it is so ordered.