Pierce Butler

“ Claimant contends that, even if there was no taking, the government is liable on a contract implied in fact. It was not the government's purpose to acquire any of claimant's property. The Fuel Administrator's order was made to expedite the movement of coal by subjecting it to the rules and operation of the exchange. And, as the credits were not withheld for any public purpose, the facts and circumstances alleged are clearly insufficient to imply an obligation on the part of the government to indemnify claimant against losses due to delays and decline of market price. ”

“ Claimant was a shipper of coal. In June, 1917, there was organized an unincorporated association called the Tidewater Coal Exchange, and rules were made for its operation. The purpose was to expedite the transfer of coal from cars to boats at certain Atlantic ports. ”

“ Indeed, the circumstances rebut the existence of such an agreement. Klebe v. United States, 263 U.S. 188, 191, 44 S.C.t. 58, 68 L. Ed. 244; Horstmann Co. v. United States, 257 U.S. 138, 146, 42 S.C.t. 58, 66 L. Ed. 171. ”