Fireside Marshmallow Co. v. Frank Quinlan Const. Co.

SANBORN, Circuit Judge

(dissenting).

It seems to me that there was a sufficient evidentiary basis for the inference drawn by the District Court that the parties aban*517doned their contract for the mastical floor and substituted the agreement for the concrete floor, and thereby disabled themselves, from suing each other for a breach of the abandoned contract. I would affirm.