Lowell O. West Lumber Sales, a Corporation v. United States

JERTBERG, Circuit Judge.

This is an appeal from a judgment of the United States District Court 1 entered in favor of the United States Government (hereinafter government), and dismissing the complaint of Lowell 0. West Lumber Sales, a California corporation (hereinafter appellant) on an action arising from the interpretation and performance of certain agreements between the parties.

As background to the controversy, the record shows that on October 6, 1950, appellant’s assignor, Lowell 0. West, and the United States Air Force executed a document designated “Fixed Price Contract for Services,…