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AMERICAN SMELTING AND REFINING CO. v. U.S.

No. 221.

259 U.S. 75 (1922)

AMERICAN SMELTING AND REFINING COMPANY v. UNITED STATES.

Supreme Court of United States.

Decided May 15, 1922.

Attorney(s) appearing for the Case

Mr. William B. King and Mr. George A. King, with whom Mr. Charles Earl and Mr. George R. Shields were on the brief, for appellant.

Mr. William C. Herron, with whom Mr. Solicitor General Beck was on the brief, for the United States.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is a claim for $512,515.50, being the price of 20,500,620 pounds of copper at twenty-six cents a pound less payments received at twenty-three and a half cents. The petition was dismissed by the Court of Claims on demurrer. The facts alleged are as follows. The Government had some correspondence with the United Metals Selling Company ending in an order or proposal for 30,000 metric tons of copper for the French...

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