Tyree v. United States

It is clear from the facts that the defendant breached its. contracts with plaintiff and that the letter of June 11, 1934, was a direct cancellation thereof. This cancellation was not in accordance with any provision reserved in any of the contracts and the defendant’s refusal to accept and pay for the remaining 9,572 cubic yards of clay constituted a breach.

Plaintiff seeks to recover the amount of $3,389.25, being* the difference between the total contract price and the amount paid by defendant for the clay removed, and relies upon the case of Purcell Envelope Co. v. United States, 51 C.…