American Sales Corporation v. United States

WALKER, Circuit Judge.

This is an appeal from a judgment disposing of two eases which were tried together, a jury being waived. One of the cases was an action by the appellee, the United States, to recover amounts alleged to be due under five contracts between appellee and appellant, for tho sale by the former to the latter of described wagons. The claim asserted in that suit was resisted on the ground that the original contracts sued on, which fixed the price of the wagons at $55.25 each, wore changed, after the terms thereof had been partially complied with and when there had been no breach…