Law for Business 12th Edition by James Barnes,Terry Dworkin,Eric Richards

Exercise 7

Seaboard Lumber contracted with the U.S. Forest Service to cut, remove, and pay for timber on the Forest Service's land, known as the What lot, in two and a half years. Between the time the contract was made and the final performance date, timber prices dropped significantly because of a decline in housing construction due to a rise in interest rates, and Seaboard decided not to cut the timber. When the Forest Service sued for damages, Seaboard defended on the basis of impossibility or commercial impracticality. Will it succeed? Why?