United Lumber Yards, Inc. v. Modesto Irrigation District

From a judgment which was rendered in favor of the defendant to the effect that plaintiff take nothing in this suit for an alleged balance due upon the contract price of cement sold and delivered, this appeal was perfected.

Upon competitive bids therefor, the plaintiff was awarded a contract in January, 1935, to supply defendant with approximately 18,000 barrels of Monolith Tufa cement at a cost of $1.84 per barrel. The contract contained the following provision:

“It is hereby agreed that should the price per barrel of Tufa Cement, on the open market during the life of this con*131tract, be reduced…