
    ALBERT J. BOTHWELL AND THE BOTHWELL COMPANY v. THE UNITED STATES.
    [54 C. Cls., 203 ; 254 U. S., 231.]
    Judgment was rendered in favor of the plaintiffs for a portion of the amount claimed in the court below. On plaintiff’s appeal the judgment ivas affirmed, and the Supreme Court decided:
    The contract implied from a taking by the Government is a contract to pay for the property actually taken. .
    Where construction of a Government dam flooded private land, destroyed the owner’s hay there stored, and forced him to remove his cattle and sell them at a loss, lipid, assuming an implied obligation to pay for the hay, there was none to pay the loss upon the cattle.
    To review a judgment of the Court of Claims, the Government must appeal; it can not attack it on the claimant’s appeal.
   Mr. Justice McReyNolds

delivered the opinion of the Supreme Court December 6, 1920.  