Chesapeake & Potomac Tel. Co. v. United States, 281 U.S. 385 (1930)

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Chesapeake & Potomac Tel. Co. v. United States

No. 389

Argued April 21, 22, 1930
Decided May 5, 1930
281 U.S. 385

CERTIORARI TO THE COURT OF CLAIMS

Syllabus

A telephone company, while under a standing written contract, made with the Secretary of the Treasury pursuant to the Act of June 17, 1910, to furnish telephone equipment and service to the War Department, installed in a building especially constructed for it by the government, an unusually large and very expensive switchboard to meet the growing needs of the Department during the World War, and, after the need was over and the switchboard had been removed, it sued under the Dent Act to recover the cost of installation less salvage.

Held, upon the facts as found below:

1. That the switchboard was covered by the written contract, and that the conduct of the parties following installation was consistent with this view. P. 386.

2. That a contract for extra pay was not to be implied either (a) from claims addressed to officials of the Department having no authority to bind the government and not assented to by them or known to their superiors, or (b) from the fact that the plans for the special building, showing the switchboard and equipment proposed, were submitted to the Secretary of War; or (c) from the fact that the government had continued to use the switchboard after the claims were made. P. 388.

68 Ct.Cls. 273 affirmed.

Certiorari, 280 U.S. 548, to review a judgment of the Court of Claims, dismissing a petition to recover additional compensation upon a contract said to be implied in fact.