Ahearn

This is a claim by Westinghouse Electric Supply Company to recover on the contractor bond in the appropriate statutory action 1 for the balance of the price of latex-covered telephone cable installed in a government work project.

The Navy called for bids for major repairs to the electrical distribution quarters area, Puget Sound Navy Shipyard at Bremerton, to be completed in August, 1952. The invitation and specifications permitted a bid for either paper-wrapped or latex-covered telephone cable. Ahearn, in preparation of a bid, obtained from Westinghouse a quotation which, among other items, included paper-wrapped cable to be ordered direct from Graybar Electric Company, Seattle, with delivery date third quarter 1953. The contract was awarded Ahearn. After notification of the award, a salesman for Westinghouse, on February 5, 1952, took an order signed by Ahearn direct to Westinghouse for paper-wrapped cable, without specification of delivery date.

In March, the same salesman wrote out a new order for latex insulated cable, which, although not signed by Ahearn, was forwarded to the company by the salesman. In the early part of January, 1953, there was delivered on the job by…