The opinion
WHITAKER, Judge
(dissenting).
I cannot agree with the decision of the majority.
Article XIX of the contract does not say that in the event of a condition beyond plaintiff’s control, the time for performance of the contract would be extended. The article merely says that such a condition will excuse performance. The contract completion date was September 30, 1954. The Government is under no obligation to further extend the time or to pay for zinc mined after that date.
The Government made no representation to plaintiff with respect to the zinc content of the ore to be extracted from *17 the mine. The Government made no borings to ascertain the zinc content. The borings were made by plaintiff. Certainly the Government is not in anyway obligated, either legally or equitably, to relieve plaintiff from the consequences of its reliance upon the indications obtained from its own exploration.
I would dismiss the plaintiff’s petition.