Page:Federal Reporter, 1st Series, Volume 7.djvu/45

BBIDaSiS t). SHELDON. 3a �any mutual and full agreement as to whether the $20,003 should be, or was, covered by the increase in priees, or ■was left to stand by itself ; and that the orator supposed it was so covered, and the defendants that it was not. If in any event it should be found that the parties failed to agree about that, then a further account would become necessary, which would require sending it to the master again. It would leave the defendants entitled to that sum aside from the increase of priees, beoause they were entitled to it by the terms of the proposai and aceeptances, and they would never have parted with that right, nor have agreed to aecept, 'not' aecepted, anythiug else in place of it. It would also leave the matter of the increase of priees without being fixed by any agreement of the parties in which their minds met, for the orator would suppose they were agreeing to one thing and the defendants to another, and they would not mutually agree at all to the same thing. �The defendants, when they started to agree about this, were entitled to the $20,000, and an increase of priees besides, suificient to cover their increased outlay for labor, machinery, power, and space, and whatever else they were to and did fumish, that they were not to at the former priees. If the new priees covered both, payment of them pays both. If the defendants did not agree that it should cover both, they are entitled to the $20,000, and an increase of priees to cover their increased outlay now. If the increased priees were agreed upon to cover the increased outlay only, then they are entitled to them as agreed, and the $20,000. If they under- stood the increased priees excludedthe $20,000, and the ora- tor that they ineluded it, then there was no meeting of minds, and consequently no agreement that waS binding upon either, as to the increase. In that event the defendants would be enti- tled to that sum as an item by itself, and to such an increase of former priees as would justly and fairly compensate them for their additional undertakings and performances under the contract by which the priees were to be increased, This increase could only be determined by taking an account of �v.7,no.l — 3 ��� �