College Point Boat Corp. v. United States

In College Point Boat Corp. v. United States, 267 U.S. 12, 69 L. Ed. 490, 45 S. Ct. 199, 60 Ct. Cl. 1025 (1925), the United States Navy entered a procurement contract with the College Point Boat Corporation for 2,000 collision mats. 267 U.S. at 13. Seventeen days later, the Armistice was signed, and the Navy informed the corporation that the mats would not be needed. Id. at 13-14. The federal government made a partial settlement by taking over at cost raw materials that the corporation had purchased or contracted for, but the corporation filed suit to further recover. Id. at 14. Although the Court of Claims entered judgment for the corporation for expenditures, services rendered, and charges incurred, the court ruled that no part of the corporation's prospective profits was recoverable because the federal government had canceled the contract. Id. In affirming the lower court, the United States Supreme Court first determined that the federal government had not cancelled the contract, despite an unconditional right to do so pursuant to statute, apparently because "neither party knew that the United States had such a right." Id. at 15. However, the Supreme Court found that "the right to cancel was not lost by mere delay in exercising it; among other reasons, because the statute conferred upon the government also the power to suspend the contract." Id. at 16. The Supreme Court further concluded that a "continuing right of cancellation" existed to limit damages "unless some intervening change in the position of the other party renders that course inequitable." Id.