Hinds v. Hinchman-Renton Fireproofing Co.

PHILIPS, District Judge.

This litigation arose out of a contract between the plaintiff in error and the defendant in error, whereby the latter undertook to do certain work and furnish certain materials in constructing for the former a building to be used as a mill for treating ores. The principal contract was in writing, specifying the character of the work to be done and materials to be furnished in the structure. In addition to asking judgment for a balance claimed as on perform*340anee of the contract, claim was also made on a quantum meruit for. extra work done and materials furnished beyond…