Du Ban and Icoredit v. Public Works Administration

Abstract

War — In general — Non-hostile relations between belligerents — Armistice — Occupation of territory after — Relationship between occupying authority and local authority — Whether local authority agent of Occupant — Contract entered into by local authority under direction of Occupant — Whether binding on occupied State — The law of Italy.

War — On land — Occupation of enemy territory — Nature and effects of — Sovereignty of Occupant and of occupied State — Occupation and armistice agreement — Contract entered into by authorities of occupied State under directions from Occupant — Whether local authority is agent of Occupant — Whether contract obligations bind occupied State — Place of performance of contract — Effect on contract of subsequent cession of territory — Position of Italian authorities during Allied occupation — The law of Italy.