Continental Ore Corporation v. The United States

DURFEE, Judge.

These two cases, which involve the same question of law, were consolidated for oral argument. Both sides are moving for summary judgment.

Plaintiff entered into two contracts, commonly known as C. & F. contracts, with the Commodity Credit Corporation (“C.C.C.”). A C. & F. contract is one in which the seller pays cost and freight to a named destination. Commodity Export Contract OBS-AID-65-83 is the contract involved in Ct.Cl. No. 258-68. This contract was entered into by the parties in May 1965, and called for delivery of certain quantities of urea fertilizer to Vietnam.…