United States v. O’brien, 220 U.S. 321 (1911)

United States v. O’Brien

No. 108

Argued March 17, 1911
Decided April 3, 1911
220 U.S. 321

ERROR TO HE UNITED STATES CIRCUIT COURT

OF APPEALS FOR THE SECOND CIRCUIT

Syllabus

The word "annul," as used in the contract involved in this case, construed as refusing to perform further, not to rescind or avoid.

A government contract which makes the right of the contractor to continue work under the contract depend upon the approval of the engineer in charge will not in the absence of express terms be construed as making the dissatisfaction of such engineer with progress of the work conclusive of a breach.

Where, except for the prohibition of the United States to allow the contractor to proceed, the work might have been finished within the specified period, the United States cannot claim a breach entitling it to annul the contract and hold the contractor responsible for difference in cost of completion.

163 F. 1022 affirmed.

The facts are stated in the opinion.