William Howard Taft

“ But we are not obliged definitely to pass upon the question whether the instrument relied on by the government constituted a contract binding on the plaintiff for the whole amount ordered at the price bid, because under the findings of the Court of Claims, the plaintiff must be held to have waived any right to claim more than the price it bid for any part of the lumber it furnished. ”

“ The supply officer stood upon the contract and made no promise to pay more than the contract price. Scott testified that in spite of the letter sent him by the supply officer, he did not know, until the next September, the terms of the contract except from the insufficient memorandum of order sent him by the plaintiff company soon after the contract was signed. The Court of Claims finds that it did not appear that Scott was directed by the company to make such a protest as at the June meeting or that he was acting within his authority in so doing. ”

“ Heavy damages for the breach of the contract were awarded against the United States. But it is to be observed that there was in the contract or invitation for bids no express denial of the obligation of the Post Office Department to take the envelopes in that case, so that the question of a lack of mutuality did not arise in the Purcell Case as it does here. ”