George Sutherland

“ The parties here stipulated and the Court of Claims found that the property 'was appropriated by the government as its property under the purchase privilege clause of the contract between plaintiffs and the Bates & Rogers Construction Company.' A contract implied in fact is one inferred from the circumstances or acts of the parties; but an express contract speaks for itself and leaves no place for implications. ”

“ The plaintiffs were notified, but insisted that the lease did not authorize this action. The record shows that the government has been ready and willing at all times to pay the difference ($775) BETWEEN THE VALUATION OF THE SHOVEL AND The amount of rentals paid.
Plaintiffs insisted that the United States was not privy to the leasing contract and brought suit to recover the value of the shovel, viz. $5,000, upon the theory that it had been taken by the government for public use and that thereby an implied obligation arose on the part of the government to pay just compensation therefor. ”