Ingram Day Lumber Co. v. Kola Lumber Co.

Citations

• 122 Miss. 632
• 84 So. 693

Syllabus

<p>War. Circumstances in evidence held not to excuse performance of a contract to manufacture and deliver lumber.</p> <p>Plaintiff sued for the nonperformance of a valid contract in writing whereby the defendant agreed to manufacture and deliver lumber of certain agreed sizes and dimensions within a stipulated time. The defendant pleaded impossibility of performance on the ground that in time of war the United States Shipping Board Emergency Fleet Corporation served written notice upon the defendant to place at the disposal of said corporation all lumber and timber of certain dimensions,- including a material portion of the sizes covered by the contract sued on, and to refrain from selling or disposing of such lumber unless authority was first obtained from the said Emergency Fleet Corporation or the priority committee of the War Industries Board. The defendant did not apply for a permit or authority to comply with its contract either from the United States Shipping Board Emergency Fleet Corporation or the priority, committee of the War Industries Board.</p> <p>Held, under the circumstances in evidence, that performance of the contract sued on was not excused.</p>