Weisberger

(after stating the facts as above). Only three of the five assignments of error‘can be considered b)*- us, to wit:

At the time the motion was made for judgment in favor of the plaintiff, the evidence before the court and jury tended to show that the government had suspended the contract, taken possession of the contractor’s material and equipment, and, departing from the provisions of the contract in a number of material particulars, had finished that portion of the work covered by the contract at a claimed excess of $51,095.05 in cost, for which it sued the contractor and his surety. 'It is true that the Secretary of the Interior was by the express terms of the contract authorized, upon' the happening of the conditions therein specified, to suspend the operation of the contract, take possession of the contractor’s material and equipment, and use the same for thé completion of the work contracted for, either directly by the government or by other parties for it,- and recover any excess, of cost arising therefrom over and above the contract price from the contractor and his surety. The work so authorized to be taken over and completed, either by the government itself or by other…