Horowitz v. United States
This text of 58 Ct. Cl. 189 (Horowitz v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
[191]*191MEMORANDUM
The petition in this case does not allege a cause of action. It is nowhere alleged that the embargo established was in anywise contrary to law, and it does not appear that the defendant otherwise failed to observe its obligations under the contract of sale. The plaintiff directed the manner of shipment, and specifically pointed out how it should be carried out. The defendant in good faith endeavored to comply with the plaintiff’s directions, but was forestalled in so doing by the establishment of an embargo, and it will not avail the plaintiff to simply allege the fact of the existence of an embargo established by the United States Railroad Administration. No authorities have been cited to sustain the plaintiff’s contention. The case is governed by the principles discussed in Deming's case, 1 C. Cls. 190.
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Cite This Page — Counsel Stack
58 Ct. Cl. 189, 1923 U.S. Ct. Cl. LEXIS 350, 1923 WL 2143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horowitz-v-united-states-cc-1923.