The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921. Page: 38
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272 FEDERAL REPORTER
such scale of profits, the court properly left the measure of damages to
Sthe jury, under instructions that they might consider the profit fixed by
the Food Administration, instead of charging that the measure of dam-
ages was limited to the profit so fixed.
7. War C=4-Food Administration could not arbitrarily fix future selling
price of sugar.
The United States Food Administration could not, under the act of Con-
gress (Comp. St. 1918, Comp. St. Ann. Supp 1919, 3115%e--31.ll kk,
3115%1l-3115%r) creating-it, arbitrarily fix a price at which future sales
of sugar should be made.
In Error to the District Court of the United States for the New Or-
leans Division of the Eastern District of Louisiana; Rufus E. Foster,
Action by the C. D. Kenny Company against J. N. Pharr & Sons,
Limited. Judgment for plaintiff, and defendant brings error. Af-
R. E. Milling, of New Orleans, La. (Milling, Godchaux, Saal & Mill-
ing, bf New Orleans, La., on the brief), for plaintiff in error.
W. J. Waguespack, Herbert W. Waguespack, and J. P. Baldwin, all
of New Orleans, La., for defendant in error.
Before WALKER, BRYAN, and KING, Circuit Judges.
BRYAN, Circuit Judge. October 3, 1919, the parties to this suit
executed the following memorandum contract:
"Bought of J. N. Pharr & Sons, Ltd., Berwick, La, for the C. D. Kenny Co.,
Baltimore, Md., 1,000 barrels of La. plantation granulated sugar at 12c. net
per pound, f. o. b. cars at factory. Shipment as soon as possible during No-
vember, 1919. All shipments to be made---S/D attached to B/L payable on
arrival of goods at destination.
"This purchase to be -invoiced and paid for at contract price. No allow-
ances will be made for declines in market.
"lhis contract contingent upon strikes, accidents, fire, or other causes be-
yond seller's control."
October 6, 1919, they entered into another contract similar in all re-
spects, except that it provided for the purchase and sale of 300 barrels
of sugar at the price of 11 76 cents per pound.
Defendant in error (herein called plaintiff), alleging that plaintiff
in error (herein called defendant) refused to sell and deliver the sugar
contracted for, sued to recover damages. Defendant first filed an ex-
ception of no right or cause of action, which was overruled, and then
pleaded that at the times the contracts were entered into it was known
to the parties that the sugar was not in existence, but would have to
be manufacured, and that weather conditions became such that the
cane did not mature early enough for the sugar to be manufactured as
agreed, and thereupon averred that these weather conditions consti-
tuted a cause beyond the defendant's control within the meaning of the
contracts, and also that before deliveries became due the United States
Food Administration fixed the price of sugar at 18 cents per pound.
Defendant owned and operated two sugar factories, and manufac-
tured 3,781 barrels of sugar in November, and 6,236 barrels of sugar
For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921., legislative document, 1921; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38843/m1/60/: accessed February 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.