Omnia Commercial Co., Inc. v. United States - 261 U.S. 502 (1923)
U.S. Supreme Court
Omnia Commercial Co., Inc. v. United States, 261 U.S. 502 (1923)
Omnia Commercial Company, Inc. v. United States
Argued March 1, 1923
Decided April 9, 1923
261 U.S. 502
1. A valuable contract right is property within the meaning of the Fifth Amendment, and, when taken for public use, must be paid for by the government; but when it is lost or injured as a consequence of lawful governmental action not a taking, the law affords no remedy. P. 261 U. S. 508.
2. When the government, for war purposes, requisitioned the entire production of a steel manufacturer, rendering impossible and unlawful of performance an outstanding contract between the manufacturer and a customer, the customer's rights were not taken by the government, but frustrated by its lawful action. P. 261 U. S. 511.
56 Ct.Clms. 392 affirmed.
Appeal from a judgment of the Court of Claims dismissing a petition on demurrer.