Willard, Sutherland & Co. v. United States,
262 U.S. 489 (1923)

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U.S. Supreme Court

Willard, Sutherland & Co. v. United States, 262 U.S. 489 (1923)

Willard, Sutherland & Company v. United States

No. 209

Argued May 1, 2, 1923

Decided June 4, 1923

262 U.S. 489


1. A contract for the purchase of coal by the government at a stated price per ton which does not require the government to take, or limit its demand to, any ascertainable quantity is unenforceable, for lack of consideration and mutuality. P. 262 U. S. 492.

2. Such a contract, however, becomes valid and binding to the extent to which it is performed, and a party who, abandoning an earlier protest, voluntarily delivers coal under the contract is limited to the contract price, and cannot recover more from the United States. P. 262 U. S. 494

56 Ct.Clms. 413 affirmed.

Appeal from a judgment of the Court of Claims denying the appellant's claim for the difference between the market price of coal furnished the Navy and the price stated in a contract.

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