Ted Price Construction Company v. Cascade Natural Gas Corporation, a Washington Corporation Fish Service Corporation, a Corporation

DUNIWAY, Circuit Judge.

This is a diversity case. Appellant is a Texas corporation; appellees are corporations of Washington and Delaware. The complaint charges breaches of three construction contracts and demands $3,-067,591 as damages. The breaches are denied, and, as affirmative defenses, two releases are set up.

The first release, dated September, 1956, purports to amend two of the contracts, so as to limit them to work done by appellant up to that time. It provides that appellant is to do no further work, is released from further obligations, and is to be paid $122,257.61 of which…