# John Reiner & Company, Individually and to the Use of Kurz & Root Company (Incorporated) v. The United States

> United States Court of Claims · December 13, 1963 · 325 F.2d 438

URL: https://www.frixlaw.com/law-library/cases/9449755

## Case

- **Full name:** JOHN REINER & COMPANY, Individually and to the Use of Kurz & Root Company (Incorporated) v. the UNITED STATES
- **Court:** United States Court of Claims
- **Decided:** December 13, 1963
- **Citations:** 325 F.2d 438; 163 Ct. Cl. 381; 1963 U.S. Ct. Cl. LEXIS 151
- **Precedential status:** Published
- **Opinion:** Concurrence by Laramore
- **Judges:** Jones, Whitaker, Laramore, Durfee, Davis
- **Cited by:** 154 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9449755

## How later opinions describe it (automated extraction)

- holding that although the original grounds for terminating the contract were not valid, the contract could have been cancelled pursuant to the termination for convenience clause and therefore damages would be limited to those allowable under that provision
- stating “the court should ordinarily impose the binding stamp of nullity only when the illegality is plain”

## Opinion text

LARAMORE, Judge
(concurring).
I agree with the majority opinion. I write this because of my concurrence in the case of Goldwasser v. United States, Ct.Cl., No. 477-61, 325 F.2d 722 .
In my opinion, the Goldwasser case is clearly distinguishable from the present case. The contract in the case of Goldwasser was, in my opinion, terminated for default. In that situation my belief is that plaintiff Goldwasser should have an opportunity to prove a breach thereof and resulting damages, if any.
The contract in the instant case was not terminated for default, and I believe under the circumstances of this case the correct measure of damages should be based on the cost resulting from the termination provision of the contract.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9449755. Public record. Not legal advice.