Heidelberg Brewing Co. v. E. F. Prichard, Etc.

Opinion of the Court by

Judge Tilford

Affirming in part and reversing in part.

These appeals involve the validity of a written contract between the parties dated September 10, 1942, and the effect upon the rights secured thereby of an order of the Federal War Production Board issued on March 1, 1943, limiting the quantity of malted grain and malt syrup which might be used in the manufacture of malt beverages to 93% of the quantity so used during the corresponding period of the preceding year.

For more than two years preceding the execution of the written contract, the parties had operated under…