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BARRY v. UNITED STATES

No. 170.

229 U.S. 47 (1913)

33 S.Ct. 681

57 L.Ed. 1060

BARRY v. UNITED STATES.

Supreme Court of United States.

Decided May 26, 1913.

Attorney(s) appearing for the Case

Mr. George A. King, with whom Mr. William B. King was on the brief, for appellants.

Mr. Frederick De C. Faust, with whom Mr. Assistant Attorney General John Q. Thompson was on the brief, for the United States.

MR. JUSTICE LURTON, after making the foregoing statement, delivered the opinion of the court.

From the facts it is plain that the contractors could not and did not deliver a cargo of "Wallsend" coal in January, 1905, as their contract obligated them to do. This temporary inability was due to a strike at the colliery. This did not excuse them, since the contract did not so provide. The cargo of mountain coal which was bought to meet the immediate demand, though the...

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