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WILLARD CO. v. UNITED STATES

No. 209.

262 U.S. 489 (1923)

WILLARD, SUTHERLAND & COMPANY 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, Mr. John A. Selby 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 $3,650, being $3.65 per ton for 1,000 tons of coal furnished the Navy. Appellant claims that it is entitled to the market price at the time of delivery, $6.50 per ton. The United States claims that appellant was bound by contract to furnish it for $2.85 per ton. The Court of Claims made findings of fact, and concluded that appellant was...

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