Horace Harmon Lurton

“ But we need not deal with the consequences as if clause A had been omitted. The right might have been inherent, or not so vital as to justify the rigor of annulment. Both parties elected to deal with the matter by express stipulation, and that should be and is the end of it. In such a situation there would be no justice in straining the contract for a construction which would limit its application to cases where the right of annulment would not exist without it. This contract was prepared in advance of the bidding by the United States. ”

“ To escape confession of error in the judgment below, in so far as the United States was permitted to recover the excess cost of reletting the job, it has been argued that the right to annul the contract did not arise out of clause A, but was 'a right inherent' in this and every other contract when time is of the essence, and that when there was, as in this case, a breach of an express agreement to begin the work upon a certain day, the right to annul was complete; and upon annulment the right to recover all actual damages followed. ”

“ Subsequently, upon application of the contractor, the time for beginning was extended to January 24, 1900. While by January 24th the contractor had made large expenditures in preparing to commence work, it had not on that day assembled the necessary force or plant. ”