Farwell Co. v. United States

This suit was brought by plaintiff, Farwell Company, Inc., to recover from the defendant the sum of $35,184.96 alleged to be due under a contract between the parties. The defendant withheld the $35,184.96 from the amount payable under the contract as a result of a change order which modified the contract so as to permit the plaintiff to install copper tubing in lieu of copper or brass “pipe,” and which reduced the estimated contract price by $35,184.96 because of the change permitting the use of copper tubing.

Both the plaintiff and the defendant have moved for summary judgment on the ground…