Popper v. Centre Brass Works, Inc.

The conservation orders of the Office of Production Management, relied upon as a defense in this action by the sellers against a buyer, are irrelevant to the contract upon which the suit is based. That contract relates to glass coal. But no order prohibiting or in any way affecting deliveries of that product was made by any branch of the government. Defendant claims, however, that the glass coal which it had purchased or agreed to purchase from plaintiffs was to be used in connection with the manufacture and distribution by it of fireplace accessories and that such business could not be…