Harlan F. Stone

“ The Court of Claims found that there was no express agreement that the shipments were based upon the special tariff, and that there was no proof that the contracting of ficers had any knowledge of the tariff at the time of the shipments. Obviously they cannot be held to have yielded assent to a tariff of which they were ignorant. A basis for a contract implied in fact to pay the rate charged is therefore wanting. ”

“ At the time of the transportation, the tariff in force on petitioner's road available to the public at large, Western Classification, 54 I. C. C. No. 12, did not include any of the items of military impedimenta here involved. But petitioner then had on file with the Interstate Commerce Commission a special tariff applicable to such items when carried by passenger train or expedited service, without deduction for shipments made over land-aided or land grant roads. ”