United States v. Lennox Metal Manufacturing Co.

FRANK, Circuit Judge.

The trial judge found that, when the government notified defendant of the termination of the contract, defendant was not in default. The evidence amply supports that finding.

The original contract set forth no delivery schedule. Supplemental Agreement No. 1 provided for deliveries starting on or before July 31, 1951. Supplemental Agreement No. 2 dated January 31, 1952, states that “it has been administratively determined that the Contractor was excusably delayed from 1 Sep*307tember 1951, by reason of unforeseeable delays in delivery of materiel and by reason of acts of the…