Ripley v. United States, 220 U.S. 491 (1911)

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Ripley v. United States

No. 887, 888

Submitted March 10, 1911
Decided April 24, 1911
220 U.S. 491

APPEALS FROM THE COURT OF CLAIMS

Syllabus

This Court may not draw an inference of bad faith on the part of a government inspector unless the findings are so clear on the subject as to take the inference beyond controversy.

It is the duty of the Court of Claims in dealing with the question of bad faith on the part of a government inspector to explicitly find the facts in regard to that subject.

The Court of Claims should find as a fact whether or not complaints were made to the proper officers as to improper conduct on the part of subordinates, and if made, when and what action was taken thereon.

Where proper finding are not made by the Court of Claims on specific matters to enable this Court to properly review the judgment, the record will be remanded to that court for additional findings as to such matters, United states v. Adams, 9 Wall. 661, and so ordered in this case, with instructions to return to this Court with all convenient speed.

45 Ct.Cl. 621 remanded with instructions.

The facts, which involve the construction of a contract for public works with the United States and the validity of claims made by the contractor thereunder, are stated in the opinion.