John Reiner & Company, Individually and to the Use of Kurz & Root Company (Incorporated) v. The United States

Having written the opinion of the court in Goldwasser v. United States, Ct.Cl., No. 477-61, 325 F.2d 722, this day decided, it follows that I disagree with the opinion in this case. It reiterates, I think, the positions taken in the dissenting opinions in the Goldwasser case.

In Goldwasser, the defendant became dissatisfied with plaintiff’s performance but it did not refuse further to honor iiie contract because plaintiff had defaulted in performance, but, instead, took refuge in the “indefinite-quantities clause of the contract, contending that under that clause it was no longer obligated to…