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INGRAM-DAY CO. v. McLOUTH

No. 126.

275 U.S. 471 (1928)

48 S.Ct. 153

72 L.Ed. 378

INGRAM-DAY LUMBER COMPANY v. McLOUTH.

Supreme Court of United States.

Decided January 3, 1928.

Attorney(s) appearing for the Case

Mr. Wm. J. Shaw, with whom Messrs. W.A. White, Sidney T. Miller, George L. Canfield, and Ferris D. Stone were on the brief, for petitioner.

Mr. Gardner P. Lloyd, Special Assistant to the Attorney General, with whom Solicitor General Mitchell, Mr. Chauncey G. Parker, General Counsel, U.S. Shipping Board, and Mr. I.V. McPherson, Assistant Counsel, U.S. Shipping Board, were on the brief, for respondent.

MR. JUSTICE STONE delivered the opinion of the Court.

Petitioner sued in the district court for eastern Michigan for the decedent's breach of contract to purchase a quantity of lumber. The defense relied on was that the lumber was to be used by the intestate in the performance of contracts he had made with the United States Shipping Board Emergency Fleet Corporation for the construction of a number of ocean-going tugboats; that acting under the President's Executive...

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