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PRIEBE & SONS v. UNITED STATES

No. 16.

332 U.S. 407 (1947)

68 S.Ct. 123

92 L.Ed. 32

PRIEBE & SONS, INC. v. UNITED STATES.

Supreme Court of United States.

Decided November 17, 1947.

Attorney(s) appearing for the Case

J. Arthur Miller and Allen H. Gardner argued the cause for petitioner. With them on the brief was Samuel Williston.

Philip Elman argued the cause for the United States. With him on the brief were Solicitor General Perlman, Assistant Attorney General Ford, Paul A. Sweeney and Melvin Richter.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

This case, here on certiorari to the Court of Claims, presents the question whether a provision in a government contract for "liquidated damages," as construed and applied, should be denied enforcement on the ground that it constitutes a "penalty."

Shortly after the enactment of the Lend-Lease Act of March 11, 1941, 55 Stat. 31, 22 U.S.C. (Supp. V. 1946), § 411 et seq., the United States acting...

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