Howard J. White, Inc. v. Varian Associates

Defendant Varían Associates (hereafter called Varían) appeals from a judgment in favor of plaintiff Howard J. White, Inc. (hereafter called White) in the amount of $128,086.36.

The litigation grows out of a construction contract entered into by White and Varían on October 12,1956, whereby White agreed to construct a vacuum tube production facility for Varían on land leased from Stanford University. The agreed price for the work was $1,347,139 and White agreed to complete it within 240 days after commencement, time being expressly made of the essence.

The contract gave Varían the right to change…