Supreme Court of the United States June 11, 1923, 218 (William C. Atwater & Co. v. United States)

Mr. Justice Butler

delivered the opinion of the Court.

This suit was brought to recover $73,964.48, being $3.70 per ton for 19,990.4 tons of coal furnished the Navy. Appellant seeks to recover the market price at the time of delivery, $6.50 per ton. The United States claims appellant was bound by contract to furnish it for. $2.80 a ton, and this has been paid.