Reporter's Statement of the Case took a wide range, but in all such transactions the prices paid were in excess of the original contract prices. We have given full consideration to the facts in this case and to the specific factors mentioned in the Brooks-Scanlon opinion herein above fully set forth, and it is the opinion of the court that just compensation to the plaintiff as of the date of the taking for the two contracts involved herein is $1,226,400. To this sum there should be added $225,657.60, which is interest at the rate of 6 per cent per annum from August 3, 1917, to the date of the payment of the award, August 27, 1920, making a total of $1,452,057.60, from which there should be deducted the amount paid plaintiff on August 27, 1920, under the award, $612,488.25, leaving a balance of $839,569.35, which with interest at the rate of 6 per cent per annum from August 27, 1920, to date of judgment amounts to $1,165,182.34. It is therefore the judgment of the court that plaintiff recover herein the sum of $1,165,182.34. GRAHAM, Judge; HAY, Judge; BOOTH, Judge; and CAMPBELL, Chief Justice, concur. JOHN M. CONNELLY STEAMSHIP CO. AND CONTINENTAL TRANSPORTATION & OIL CO. v. THE UNITED STATES [No. A-48] On the Proofs Expropriation of contract; requisition under act of June 15, 1917; vessels under construction.—See Consorzio Veneziano di Armamento e Navigazione v. United States, ante, p. 11. See also similar cases, pp. 59, 80, 98, 119. The Reporter's statement of the case: Mr. Challen B. Ellis for the plaintiffs. Mr. Wade H. Ellis and Frueauff, Robinson & Sloan were on the briefs. Messrs. Assistant Attorney General Herman J. Galloway, Henry M. Ward, and James Talbert, for the defendant. Mr. W. W. Nottingham was on the briefs. Reporter's Statement of the Case Decided February 14, 1927. Motion for new trial overruled December 5, 1927. The court made special findings of fact, as follows: I. The Continental Transportation & Oil Co. is a corporation duly organized and existing under the laws of the State of Delaware. The John M. Connelly Steamship Co. (Inc.) is a corporation duly organized and existing under the laws of the State of Delaware. The latter company was incorporated on the 16th day of July, 1917, under the name of "United States Navigation Co. (Inc.)," and thereafter on the 1st day of September, 1917, the name of the said corporation was duly changed to "The John M. Connelly Steamship Co. (Inc.)." The Pennsylvania Shipbuilding Co. was prior to and on and after the 25th day of June, 1916, a corporation organized and existing under the laws of the State of Delaware. II. On June 25, 1916, a contract in writing was entered into between the Pennsylvania Shipbuilding Co. and Cornelius Bull, residing in Christiana, Norway, whereby the said Pennsylvania Shipbuilding Co. agreed to construct in its yard at Gloucester, N. J., a certain steamship of 7,000 tons dead-weight capacity, according to the plans, specifications, and conditions described, being a part of said contract, and as consideration to the builder the said Cornelius Bull agreed to pay the sum of $930,000, lawful money of the United States, in certain installments set forth in said contract, and the builder agreed to complete and deliver the said vessel ready for sea in 12 months from date of said agreement, namely, on June 25, 1917. The said contract also provided that every facility for inspection of workmanship and material and classification of the vessel should be provided for the contractor by the builder. The said contract also provided that the said vessel should at all times be the property of the purchaser in all stages of construction, and that all material purchased and delivered in the yard for said vessel or appropriated to the construction of said vessel should become the property of the purchaser by such delivery or appropriation, subject to a lien in favor of the builder for any unpaid installments of the purchase price Reporter's Statement of the Case and for work done, labor, and materials furnished. A copy of said contract is attached to these findings as Appendix A. III. On October 14, 1916, the said contract between the Pennsylvania Shipbuilding Co. and Cornelius Bull was by the said Bull duly assigned in writing to Falch Bros., a copartnership of Bergen, Norway, and thereafter and prior to January 25, 1917, the said Falch Bros. in writing duly assigned the said contract to Christoffer Hannevig. A copy of the assignment is attached to the contract of June 25, 1916, Appendix A. IV. On January 25, 1917, a contract in writing was entered into between Christoffer Hannevig and Continental Transportation & Oil Co. whereby the said Christoffer Hannevig transferred, assigned, and sold to said Continental Transportation & Oil Co. all his rights to the said steamship then being built at the yard of the Pennsylvania Shipbuilding Co. at Gloucester, N. J., and all his right to have the ship built and completed under the original contract between said Pennsylvania Shipbuilding Co. and Cornelius Bull, the said steamship being then known as hull No. C-2, and afterwards as the steamship John M. Connelly, and being the same vessel which said Pennsylvania Shipbuilding Co. had agreed to build for Cornelius Bull. The said Christoffer Hannevig, in consideration to him of $1,260,000, lawful money of the United States, to be paid in certain installments set forth in said contract, agreed to have the said steamship completed and ready for delivery, afloat at the shipyard of said shipbuilding company at Gloucester, N. J., on June 25, 1917, ready for use. The said contract between said Hannevig and Continental Transportation & Oil Co. also provided that every facility for inspection of workmanship and material and classification of said vessel should be provided for the said Continental Transportation & Oil Co., and the said Pennsylvania Shipbuilding Co. acknowledged and consented to and confirmed said transfer to the Continental Transportation & Oil Co. A copy of the contract is attached to plaintiffs' petition as Exhibit A and is made part hereof by reference. The plans and specifications of the contract of June 25, 1916, became part of the contract of January 25, 1917, and Reporter's Statement of the Case except for minor changes, the said hull C-2 was constructed in accordance with said plans and specifications. On February 15, 1917, the Pennsylvania Shipbuilding Co. affirmed the right of Christoffer Hannevig to enter into the contract of January 25, 1917, with the Continental Transportation & Oil Co., and stated that upon that date all installments of the contract price had been paid and that the company would complete the contract for seven installments to thereafter become due, amounting to $561,000. V. At the time the contract of January 25, 1917, described in Finding IV was entered into Henry L. Doherty & Co. agreed with the Continental Transportation & Oil Co. to finance the purchase of said steamship and guarantee the performance of said contract, and it was also agreed that a new corporation would be organized to own and operate said steamship, then known as hull No. C-2, and that in the meantime the Continental Transportation & Oil Co. should take and hold the title to said steamship and the said contract of January 25, 1917. The title to said contract and hull No. C-2 were taken in the name of the Continental Transportation & Oil Co. for convenience until the organization of the new corporation, when all of its interests therein would pass to the new corporation. The new company was incorporated and organized under the name of the "United States Navigation Co." on July 16, 1917, and on September 1, 1917, the name of said company was changed to “The John M. Connelly Steamship Co. (Inc.).” At the end of the contract of January 25, 1917, "Exhibit A" to plaintiffs' petition, is the following: "In consideration of one dollar and other good and valuable consideration the performance of the within contract is guaranteed by the undersigned. "O. D. Duncan." "HENRY L. DOHERTY & COMPANY. VI. On September 4, 1917, the Continental Transportation & Oil Co. made the following assignment: In consideration of one dollar, and other good and valuable consideration, the receipt whereof is hereby acknowledged, the undersigned, Continental Transportation & Oil Company, a corporation organized and existing under the laws of the State of Delaware, does hereby sell, assign, trans Reporter's Statement of the Case fer, and set over unto the John M. Connelly Steamship Company (Inc.), a corporation organized and existing under the laws of the State of Delaware, its successors and assigns, all its right, title, and interest in and to a certain contract dated January 25, 1917, hereto annexed, made between Christoffer Hannevig and Continental Transportation & Oil Company for the building of a certain bulk-oil steamer of about seven thousand (7,000) tons dead-weight capacity, said steamer being known as No. C-2 at the shipyard at Gloucester, New Jersey, where said steamer is being built, at the yard of the Pennsylvania Ship Building Company and which steamer is of about 365 feet length between perpendiculars, of beam about 50 feet 9 inches, moulded depth of about 31 feet 3 inches. On the same day the Continental Transportation & Oil Co. executed the following bill of sale: Know ye, that Continental Transportation & Oil Company, a corporation organized and existing under the laws of the State of Delaware, sole owner of a certain steamer of about seven thousand (7,000) tons dead-weight capacity, and of about 365 feet length between perpendiculars, and of beam about 50 feet 9 inches, and moulded depth of about 31 feet 3 inches, and known as steamer No. C-2 at the yard of the Pennsylvania Ship Building Company at Gloucester, New Jersey, where said steamer is now in process of construction under a contract between Christoffer Hannevig and Continental Transportation & Oil Company dated January 25, 1917, which contract has been assigned to the John M. Connelly Steamship Company (Inc.), a Delaware corporation, for and in consideration of the sum of one dollar and other good and valuable consideration to it in hand paid before the ensealing and delivery of these presents by said the John M. Connelly Steamship Company (Inc.), the receipt whereof it does hereby acknowledge, and is therewith fully satisfied, contented, and paid, has bargained, sold, and delivered, and by these presents does bargain, sell, and deliver unto the said the John M. Connelly Steamship Company (Inc.), its successors and assigns, all its right, title, and interest in and to said steamer known as No. C-2 at the yard of the builders, in so far as the same is completed, together with all materials, fittings, appurtenances, and accessories to said steamer belonging or in any wise appertaining, to have and to hold said steamer known as steamer No. C-2, together with all the materials, fittings, appurtenances, and accessories aforesaid unto the said the John M. Connelly Steamship Company (Inc.), its successors and assigns, to the sole and only proper use, benefit, and behoof of the said the John M. Connelly |