Lowell O. West Lumber Sales v. United States

This action was originally brought by plaintiff, Lowell 0. West Lumber Sales, against defendant, United States of America, to quiet title to certain real property in Tehama County, California. Through amended and supplemental pleadings the court is required to (1) interpret the provisions of Contract No. AF 33(038)-15531, as amended, (2) determine the liability of plaintiff on a promissory note, and (3) determine whether or not defendant is entitled to certain stipulated amounts for price revision.

The record shows that Lowell O. West and defendant, acting through its representative, Jennings B. Straley, signed a document titled Fixed Price Contract For Services, Department of the Air Force, No. AF 33(038)-15531. Clause 1 of this agreement, in pertinent part, provides :

Plaintiff contends that this basic agreement, signed by the parties, is a contract which obligated the defendant to have all of its requirements for lumber storage and special millwork services in the western area of the United States furnished by plaintiff. Or, to put it another way, that the basic agreement is a “requirements” type contract.

It is the contention of defendant that the basic agreement is not a…