
    EARLY & DANIEL CO. v. UNITED STATES
    [59 C. Cls. 932; 271 U. S. 140]
    Judgment was rendered in favor of the United States in the court below. On appeal the judgment was affirmed, the Supreme Court deciding:
    When a contractor, upon demand of the Government, delivers under protest goods in an amount exceeding that which his contract calls for at the time, and, the protest being ignored, thereafter accepts without protest the contract price, there is no ground for implying a contract upon the Government’s part to pay the market price, though higher.
   Mr. Chief Justice Taft

delivered the opinion of the Supreme Court May 3, 1926.  