Stone, Sand and Gravel Co. v. United States

Citations

• 234 U.S. 270
• 34 S. Ct. 865
• 58 L. Ed. 1308
• 1914 U.S. LEXIS 1148

Syllabus

<p>Where the contract contains a provision for a method of annulment and liquidated damages in case of a breach by failure to commence work and the Government avails of that provision it is only entitled to the liquidated damages and cannot recover damages for difference in . cost on reletting the contract under a provision for failure to complete or abandonment after commencing the work. United Slates v. O’Brien, 220 U. S. 321, distinguished.</p> <p>The benefit and burden of a provision in a Government contract giving a right to annul in consequence of a breach by failure to commence work must hang together and the Government cannot avail of the former without accepting the latter.</p>