
    LOUIS KLEBE AND JULES KLEBE, COPARTNERS TRADING AS L. KLEBE & COMPANY, v. THE UNITED STATES
    [57 C. Cls. 160; 263 U. S. 188]
    Judgment was rendered in the court below against the United States for a portion of the, amount claimed. On appeal the judgment was affirmed, and the Supreme Court decided:
    A contract implied in fact is one inferred from circumstances or acts of the parties; an express contract speaks for itself and excludes implications.
    Where the Government, relying on a purchase-privilege clause of a construction contract, appropriated a steam shovel, used in the work, which the contractor had leased from another, held, that the shovel-owner’s cause of action against the United States was either in tort, which could not be maintained under the Tucker Act, or upon the express contract, for payment as therein provided; but that a contract to pay the value of the shovel could not be implied.
   Mr. Justice SutheelaNd

delivered. the opinion of the Supreme Court November 12, 1923.  