James Stewart Company v. Dennett-Robertson Electric, Inc.

This case involves two disputes as to sums remaining due to a subcontractor (Dennett-Robertson Electric, Inc.) from the prime contractor (James Stewart Company) upon construction work performed for the United States Government at Edwards Air Force Base in Southern California. The action originally was brought under the Miller Act, 40 U.S.C. § 270b, against the parties to this appeal and their respective sureties by one who had furnished supplies upon the project. The subcontractor and prime contractor hied cross-claims against each other. The dispute with the materialman was settled and only those between these parties were litigated in the district court.

These disputes involved various claims relating to extra work asserted to have been performed by the subcontractor. The underlying question was whether such work was in fact extra work or whether, on the contrary, it had been included within the original contract as modified by agreement. The judgment ultimately rendered took into consideration many items of claim and offset which are not here disputed as well as those which are the subject of this appeal. The result was a judgment in favor of Dennett-Robertson in the sum of…