Farwell Co. v. United States

This suit was brought by plaintiff Farwell Company, Inc., to recover from defendant the sum of $35,184.96, which amount was withheld from the amount payable under a contract as the result of a change order which modified the contract so as to permit plaintiff to install copper tubing in lieu of “copper or brass pipe” specified in the contract. The tubing was admittedly not as expensive as the pipe.

The facts necessary to this decision are briefly these: On February 7, 1948, plaintiff entered into a contract with defendant’s Corps of Engineers under which plaintiff was to furnish the materials…