Anderson

This is an appeal from a portion of a judgment for appellees following a trial of a jury waived action brought in the name of the United States for its subcontractor A. G. Rushlight & Co., one of the appellees herein, and hereinafter called appellee, against the main construction contractor Eivind Anderson and his surety Continental Casualty Company, here appellants. The *946 portion of the judgment appealed from awarded the subcontractor a recovery for the supply and installation of certain power house boilers and accessories, appellee having an extensive subcontract with appellant Anderson for a central steam heating plant for a 400-bed hospital and miscellaneous other buildings for the War Department at Fort Lewis, State of Washington.

The controversy in this court reduces itself in substance to a question of the sufficiency of the evidence to support the finding and judgment of the District Court that the subcontractor appellee was not obligated under its written contract dated May 15, 1941, with appellant contractor to perform, without additional compensation, revised and more costly construction and installation of power house boilers and accessories than that specified in…