William Howard Taft

“ The appellant had the option of delivering the remainder of the hay under the terms of the contract, or of not delivering it at all, if the contract had been broken. It chose to deliver. It made a protest but that was ignored by the officers of the government, and when the government tendered the contract price, it was accepted by the appellant and without protest. Under such circumstances there is no ground for implying a contract to pay more than the contract price. ”

“ Want it distinctly understood that we are doing this under protest and are going to put the matter up to proper authorities in Washington; and if they rule in our favor, want settlement at fair market price for amount we overfill. Will you wire C. S. Ruttle, General Agent, D. B. C. & W. Railway, to furnish equipment immediately as we request for hay to ship to you? Answer.' The plaintiff delivered under protest the remaining 4,000,000 pounds of hay, Thereafter the plaintiff accepted without protest the sum of $38,000 which was all that was due under the contract. ”

“ New York, New Haven & H. R. Co. c. United States, 251 U.S. 123, 127, 40 S.C.t. 67, 64 L. Ed. 182; Nelson Co. v. United States, 261 U.S. 17, 23, 43 S.C.t. 301, 67 L. Ed. 513; Willard Sutherland & Co. v. ”