United States Supreme Court Cases & Opinions

U.S. Supreme Court

Kunhardt & Co., Inc. v. United States, 266 U.S. 537 (1925)

Kunhardt & Company, Inc. v. United States

No. 141

Argued December 10, 1924

Decided January 5, 1925

266 U.S. 537

Syllabus

1. In order to comply with the demand of government officials that it deliver goods at a port in this country, as required to do by its contracts of sale with the United States, claimant was obliged to forego a profitable disposition of a vessel it owned and prepared her for the transportation, before the contracts were cancelled. Held, that there was no taking of the vessel under eminent domain, and that the United States was not liable for the depreciation of her sale value. P. 266 U. S. 540.

2. There can be no recovery on an agreement of the United States to pay the amount by which the cost of equipment provided for performance of a war contract exceeds its value at termination of the contract, as determined by appraisers, where cost and appraisal are not alleged and depreciation is not shown. Id.

3. A contract adjusting a claim under cancelled war contracts, which, by its terms, was not binding until approved by a board of contract review, was of no force without such approval. P. 266 U. S. 541.

58 Ct. Clms. 718 affirmed.

Appeal from a judgment of the Court of Claims dismissing a petition on demurrer.

Page 266 U. S. 538