
    KUNHARDT & COMPANY v. THE UNITED STATES
    [58 C. Cls. 718; 266 U. S. 537]
    Judgment was rendered in favor of the United States in the court below. On appeal the judgment was affirmed, and the Supreme Court decided :
    1. In order to comply with the demand of Government officials that it deliver goods at a port in this country, as required to do by its contracts of sale with the United States, claimant was obliged to forego a profitable disposition of a vessel it owned and prepared her for the transportation before the contracts were canceled. Held, that there was no taking of the vessel under eminent domain, and that the United States was not liable for the depreciation of her sale value.
    2. There can be no recovery on an agreement of the United States to pay the amount by which the cost of equipment provided for performance of a war contract exceeds its value at termination of'the contract, as determined by appraisers, where a cost and appraisal are not alleged and depreciation is not shown.
    3. A contract adjusting a claim under canceled war contracts, which by its terms was not binding until approved by a board of contract review, was of no force without such approval.
   Mr. Justice SaNeoed

delivered the opinion of the Supreme Court January 5, 1925.  