Horowitz v. United States, 267 U.S. 458 (1925)

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Horowitz v. United States

No. 74

Argued October 15, 1924
Decided March 9, 1925
267 U.S. 458

APPEAL FROM THE COURT OF CLAIMS

Syllabus

1. The United States, when sued as a contractor, cannot be held liable for an obstruction to the performance of the particular contract resulting from its public and general acts as a sovereign. P. 460.

2. So held where the government, having sold silk to the claimant, did not ship it promptly, owing to an embargo placed on freight shipments of silk by the United States Railroad Administration, so that the claimant lost his opportunity to resell at a profit.

58 Ct.Cls. 189 affirmed.

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