The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 281
xv, 1025 p. ; 23 cm.View a full description of this legislative document.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
MOORE & TIERNEY V. ROXFORD KNITTING CO.
[1] To fill this order or contract with the Navy Department, and
also the orders or contracts with the War Department, demanded and
required the total capacity and output of the plaintiff's mill while fill-
ing same, and plaintiff was unable, if it filled the government orders
or contracts, to make further deliveries to defendant under its contract
with it at the times agreed, and defendant was so advised, whereupon
it in substance and effect canceled the contract, refused to pay for the
goods delivered, and claimed and claims damages for nonperform-
ance. Two other contracts or orders were placed with the plaintiff
by the government, one November 16, and one December 12, 1917,
and from the acts of the parties and the correspondence it cannot be
doubted that it was understood the plaintiff in accepting the work,
was acting under the orders and demands of the government. The
plaintiff does not contend that these government requirements released
it from the contract with defendant and obligation to perform it, ex-
cept in so far as it postponed performance on its part and gave pref-
erence to this government work. The defendant claims these were
not orders under or within the meaning of the acts of Congress re-
ferred to, and that it was justified in acting as it did, and may coun-
terclaim its damages.
If before or after war was declared a party, A., entered into a con-
tract with another party, B., to make and deliver to him goods, wares,
and merchandise, stores and supplies, such as the government requires
for army or navy use, or both, and after the passage of the acts of
Congress-Public No. 85, 64th Congress, approved June 3, 1916, "An
act for making further and more effectual provision for the national
defense, and for other purposes," and Public No. 391, 64th Congress,
approved March 4, 1917, "An act making appropriation for the naval
service for the fiscal year ending June 30th, 1918, and other purposes"
-the United States government, being at war, came in and ordered
or directed such party, A., to make goods, wares, and merchandise
of the nature and kind referred to for it, and compliance with such or-
der and requirement of the government demanded or required the en-
tire output of the factory of such party thereafter, all it could rea-
sonably produce, it was the duty of such party to comply with such
government order or requirement, and if compliance therewith made it
impossible for such party to fill or comply with or perform its contract
with such other party, B., according to its terms and within the time
specified, and such other party, on being notified of the inability to
so perform, declared the contract ended, he cannot recover damages
for nonperformance by A. The same rule applies in case of a con-
tract made after the enactment of such statutes; a state of war ex-
isting.
In such case or cases it is clear that, under the provision of the acts
of Congress referred to, performance by A. within the time required
by the contract was made impossible by the act and requirements of
the United States government But if party A., thinking it more
profitable or patriotic to work for the government than in the perform-
ance of its existing contract with B , voluntarily sought a contract
with the government and offered its services for compensation in the
Upcoming Pages
Here’s what’s next.
Search Inside
This document can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Legislative Document.
The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38821/m1/296/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.