Carrier Corporation, Successor on Merger to Affiliated Gas Equipment, Inc. v. The United States

LARAMORE, Judge

(concurring).

I concur with the majority’s conclusion that plaintiff should recover on the basis of the majority opinion. I also concur with the majority that a supplemental agreement resulted. However, I would prefer that plaintiff’s damages should be measured under the clause of the contract which provides for a termination for the convenience of the Government. This is in accordance with my concurring opinion in the cases of John Reiner & Company v. United States, Ct.Cl., 325 F.2d 438, 1963 and Brown & Son Electric Company v. United States, Ct.Cl., 325 F.2d 446, 1963.