Klebe v. United States
263 U.S. 188 (1923)

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U.S. Supreme Court

Klebe v. United States, 263 U.S. 188 (1923)

Klebe v. United States

No. 78

Argued October 16, 17, 1923

Decided November 12, 1923

263 U.S. 188

Syllabus

1. A contract implied in fact is one inferred from circumstances or acts of the parties; an express contract speaks for itself, and excludes implications. P. 263 U. S. 191.

2. Where the government, relying on a purchase-privilege clause of a construction contract, appropriated a steam shovel, used in the

Page 263 U. S. 189

work, which the contractor had leased from another, held that the shovel owner's cause of action against the United States was either in tort, which could not be maintained under the Tucker Act, or upon the express contract, for payment as therein provided, but that a contract to pay the value of the hovel could not be implied. Id.

57 Ct.Clms. 160 affirmed.

Appeal from a judgment of the Court of Claims awarding the appellants damages under an express contract but refusing to recognize their larger claim of implied contract.

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