United States Ex Rel. National U. S. Radiator Corp. v. D. C. Loveys Co.

ALDRICH, District Judge.

This is an action under the Miller Act, 40 U.S.C.A. §§ 270a-270d, by a manufacturer of air-conditioning coils. In February, 1956 plaintiff received an order for eight coils from the defendant, A. Belanger & Sons, Inc., hereinafter called defendant, a subcontractor of the defendant D. C. Loveys Company, on a government building contract. The order, which was submitted on defendant’s form, bore the following recitation: “According to Plans & Specifications & Subject to Engr’s Approval $2213. frt. Allowed.” Prior to the submission of the order plaintiff had delivered to…