Miller Equipment Co. v. Colonial Steel & Iron Co.

ALBERT V. BRYAN, Circuit Judge:

Recovery by Miller Equipment Company of the balance of the amount for which it agreed with Colonial Steel & Iron Company to fabricate and deliver structural steel to be incorporated in a Federal bridge project in Virginia was defeated by the District Court’s finding that Miller had defaulted in performance of the contract. The finding we believe clearly was not warranted by the facts, which are scarcely disputable. The ensuing judgment must be reversed on this appeal of Miller.

With a jury waived, the claim was presented to the Court first under the Miller Act,…