Luten Bridge Company

[1]: 3 One that distributed a brochure in 1921 and that was prolific in Tennessee had offices in York, Pennsylvania, in Clarksburg, West Virginia, in Huntington, West Virginia, in Atlanta, Georgia, and in Palatka, Florida.

[4] Rockingham County, North Carolina commissioned a bridge over the Dan River in January 1924 but canceled it in late February.

Luten carried on regardless, and later sued the county for the full cost of construction.

On appeal, the court ruled in favor of the county, stating that it was the contractor's responsibility to limit costs after a contract has been canceled.

The opinion of the United States Court of Appeals for the Fourth Circuit written by judge John J. Parker defined the Duty to Mitigate, essentially establishing that a contractor has a duty to limit costs after its contract has been terminated.