R. P. FARNSWORTH & CO. v. ELECTRICAL SUPPLY CO.

No. 9138.

113 F.2d 111 (1940)

R. P. FARNSWORTH & CO., Inc., v. ELECTRICAL SUPPLY CO.

Circuit Court of Appeals, Fifth Circuit.

July 2, 1940.


Attorney(s) appearing for the Case

J. C. Henriques and Gordon Boswell, both of New Orleans, La., for appellant.

Irving R. Saal and Lawrence K. Benson, both of New Orleans, La., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.


PER CURIAM.

It is urged that our language: "Not until the wall was rebuilt and the order passed to pay the $82.80 was there a final settlement of the contract," means that payment or an order to pay is requisite to a final settlement. We do not so hold, but we say that there must be an unconditional and final ascertainment of the amount due. So long as the United States contend that the contractor must do something more and is holding back an amount, large or small...

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