Pierce Butler

“ The higher prices, if any, paid by appellant for the copper it was compelled to take on longtime purchase contracts, is not evidence of the value of the copper at the time it was obtained by the United States. The United States is under no obligation to make good the loss. ”

“ The United Metals Selling Company was the sales agent for copper producers, and the plan adopted for obtaining the copper for the United States was for the War and Navy Departments to send orders and shipping directions to the Selling Company. The orders were sent to the producers' committee, which returned them to the Selling Company with the name of the producer or dealer on whom the orders should be made. Thereupon the Selling Company placed its own order with the producer or dealer named, requesting the shipment to be made, and stating the price to be paid as 23 1/2 cents per pound. ”

“ Seaboard Air Line Railway Co. v. United States, 261 U.S. 299, 43 Sup. Ct. 354, 67 L. Ed. , decided March 5, 1923; United States v. Chandler-Dunbar Co., 229 U.S. 53, 80, 81, 33 Sup. Ct. 667, 57 L. Ed. 1063; Boom Co. v. Patterson, 98 U.S. 403, 407, 25 L. Ed. 206; United States v. New River Collieries Co. (C. C. A.) 276 Fed. ”