Stubblefield

The appeal is from a judgment awarding damages for breach of contract.

Appellant had a contract with the United States involving the construction of the Grand Coulee Dam on the Columbia River. Incidental to the operation quantities of steel scrap accumulated from the repair of machinery and in the demolition of • cofferdams. Appellee claimed to have contracted with appellant for the purchase of all its steel scrap, including that to be accumulated in the course of the operation subsequent to June 9, 1936, the date of the transaction relied on. Appellant admitted an agreement to sell the scrap in existence at the time of the sale but denied the more inclusive agreement.

For some months appellee engaged in the removal of the scrap, including current accumulations. In October appellant declined to make further deliveries and thereafter disposed of the material to other parties.

The negotiations for the contract in suit, concerning which appellee testified orally, had been had between appellee and one Myers, appellant’s warehouseman. In the course of them Myers conferred with appellant’s general superintendent, Slocum. A memorandum of the transaction was made out, of which appellee…