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

This is an appeal from a judgment of the United States District Court 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, Department of the Air Force,” which was prepared by an employee of the government, and consists of 17 pages, of which two are partially typewritten, four fully typewritten, ten are standard form clause in fine print with some typewritten additions, and one is for signatures. The pertinent parts of the contract appear in Appendix I to this opinion.

Under this document the first call was issued on October 6, 1950, the date the document was signed. In simple letter form, it provided that “in accordance with the provisions of subject contract you [appellant] are requested to furnish services of lumber storage and special…