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ATWATER & CO. v. UNITED STATES

No. 218.

262 U.S. 495 (1923)

43 S.Ct. 595

67 L.Ed. 1089

WILLIAM C. ATWATER & COMPANY, INC. v. UNITED STATES.

Supreme Court of United States.

Decided June 4, 1923.

Attorney(s) appearing for the Case

Mr. Thomas Renaud Rutter and Mr. Gibbs L. Baker, with whom Mr. Karl Knox Gartner and Mr. Clarence A. Miller were on the brief, for appellant.

Mr. Rufus S. Day, Special Assistant to the Attorney General, with whom Mr. Solicitor General Beck was on the brief, for the United States.

MR. JUSTICE BUTLER delivered the opinion of the Court.

This suit was brought to recover $73,964.48, being $3.70 per ton for 19,990.4 tons of coal furnished the Navy. Appellant seeks to recover the market price at the time of delivery, $6.50 per ton. The United States claims appellant was bound by contract to furnish it for $2.80 a ton, and this has been paid. The Court of Claims made findings of fact and concluded that the appellant was not entitled to recover.

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