
    CHARLES NELSON COMPANY v. THE UNITED STATES.
    [56 C. Cls. 448; 261 U.S. 17.]
    Judgment was rendered in favor of the United States in the court below. On appeal the judgment was affirmed, and the Supreme Court decided:
    A contract for furnishing lumber to the Government at a specified price contained a clause obliging the contractor to deliver any quantities ordered in a certain period irrespective of the estimated quantity named in the contract. Held, that the con-
    
      tractor, in furnishing lumber in excess of that quantity and in accepting the contract price therefor without protest, knowing that the Government was relying on the contract, waived his right to insist that the clause was void for lack of mutuality and could not recover the difference between the contract and higher market prices for the excess so furnished.
   Mr. Chief Justice Taft

delivered the opinion of the Supreme Court February 19, 1923.  