Early & Daniel Co. v. United States - 271 U.S. 140 (1926)


U.S. Supreme Court

Early & Daniel Co. v. United States, 271 U.S. 140 (1926)

Early & Daniel Co. v. United States

No. 299

Argued April 30, 1926

Decided May 3, 1926

271 U.S. 140

Syllabus

When a contractor, upon demand of the government, delivers under protest goods in an amount exceeding that which his contract call for at the time, and, the protest being ignored, thereafter accepts without protest the contract price, there is no ground for implying a contract upon the government's part to pay the market price, though higher. P. 271 U. S. 142.

59 Ct.Cls. 932 affirmed.

Appeal from a judgment of the Court of Claims rejecting a claim for the difference between the contract and market prices of hay delivered to the government.



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