Carnegie Steel Co. v. United States,
240 U.S. 156 (1916)

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U.S. Supreme Court

Carnegie Steel Co. v. United States, 240 U.S. 156 (1916)

Carnegie Steel Company v. United States

No. 171

Argued January 21, 1916

Decided February 21, 1916

240 U.S. 156


Ability to perform a contract is of its very essence, and delay resulting from absence of such ability is not due to unavoidable causes such as fires, storms, labor strikes, actions of the United States, etc., as enumerated in the contract involved in this action.

The fact that a contractor engaging to deliver armor plate of specified qualifications as to thickness, hardness, etc., was delayed by unforeseen

Page 240 U. S. 157

difficulties in the then new art of manufacturing does not excuse performance if such delays were not within the excepted reasons for delay.

49 Ct.Cl. 391 affirmed.

The facts, which involve the construction of a contract for armor plate with the United States and the right of the contractor to recover sums withheld for delay in completion of the contract, are stated in the opinion.

Page 240 U. S. 160

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