Siler Mill Co. v. United States Spruce Production Corp.

Citations

• 118 Wash. 97
• 203 P. 6
• 1921 Wash. LEXIS 935

Syllabus

<p>United States — War Contract — Construction—Duration. Under a contract between tbe government and a mill company on a 1917 form, reciting commencement of delivery in November, 1917, but which was not signed until April 1, 1918, calling for the delivery of spruce lumber for a period of eighteen months, the mill company is entitled to damages for its cancellation by the government in November, 1918.</p> <p>Same — War Contract — Construction—-Subject-Matter — Quantity. Under the provisions of a war contract for the delivery of spruce lumber to the government for a period of eighteen months at the rate of “about 250,000 feet or more of said spruce during each month,” the contract called for a delivery of 4,500,000 feet and not the entire output of the mill; and where it was cancelled after delivery of 3,915,120 feet the government was liable for the profit that could have been made on the balance of the lumber.</p>