
    ANDREW H. RUSSELL AND WILLIAM R. LIVERMORE v. THE UNITED STATES.
    [35 C. Cls. R., 154; 182 U. S. R., 516.]
    
      On the claimanti Appeal.
    
    The question presented by the demurrer is whether the facts pleaded show an implied contract for the use of the claimants’ alleged patented invention for a military rifle.
    The court below decides:
    1. Where claimants seek to recover a royalty for the use of a patented device they must show a contract, express or implied. In such cases the court, without investigating the validity of the patent, will look to the petition for'allegations showing facts which constitute a contract.
    2. Where on a claim for royalty it appears that the Government at no time recognized a right in the patentees or acknowledged a responsibility, it must be held that no contract exists.
   The decision of the court below is affirmed on the same grounds.

Mr. Justice McKenna

delivered the opinion of the Supreme Court May 27, 1901.

Mr. Justice Harlan did not sit.

Mr. Justice Shiras, Mr. Justice White, and Mr. Justice Peckham dissented.  