
    DUESENBERG MOTORS CORPORATION v. THE UNITED STATES.
    [56 C. Cls. 96; 260 U.S. 115.]
    Judgment was rendered in favor of the United States in the court below. On appeal the judgment was affirmed, and the Supreme Court decided:
    A contractor who incurred expense under a contract to manufacture articles for the Government for use in the late war, but whose opportunity to perform and earn the contemplated profits was cut short by the sudden cessation of hostilities, the declaration of the armistice, and the consequent termination of the contract in accordance with its terms, took the chances of this contingency and can not recover damages.
    
      Held, in this case, that delay of the Government in furnishing necessary specifications as contemplated by a contract for the manufacture of airplane motors of a foreign model, due to an honest but mistaken belief, shared by the contractor, that the model was perfected and adequate specifications in existence, was not an actionable breach of representation, in view of the conduct and dealings of the parties for the expedition of the work, the absence of any protest over the delay and the absence of averment that it prevented the contractor from being fully occupied with preparatory and other work under the contract.
    Time was of the essence for the Government, but not for the contractor.
   Mr. Justice McKenna

delivered the opinion of the Supreme Court, November 13,1922.  