Pierce Butler

“ Subsequently the Auditor of the War Department, following a decision of the Comptroller, erroneously disallowed the full amount The plaintiff's railroad was then under federal control, and the Auditor deducted an equal amount from sums due the Railroad Administration for transportation in October and November, 1918. The government does not support the Auditor's disallowance of plaintiff's claim or the deduction of an equivalent amount from the Railroad Administration. ”

“ The United States contends that payment by the War Department of the company's bills to the Director General charged him with liability for the money, and that, when he paid part to the company, and the latter executed the contract in final settlement of all damands of every kind and character growing out of federal control, the United States was released from the remainder. ”

“ These contentions are not sustained. The findings of fact must be accepted. The court found that 'that final account of the final settlement * * * reads as follows.' This is unequivocal; the meaning is plain, and there is no room for exposition. The only sum included for the company's transportation before federal control is $10,663.97. The amount retaken, $14,236.04, was charged to the company. In final settlement, the company paid $8,000,000, the exact sum stated in the final account. ”