Liggett & Myers Tobacco Co. v. United States, 274 U.S. 215 (1927)

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Liggett & Myers Tobacco Company v. United States


No. 32


Argued March 3, 1927
Decided May 2, 1927
274 U.S. 215

CERTIORARI TO THE COURT OF CLAIMS

Syllabus

1. A continuing order for naval supplies made during the late war by direction of the President, under Acts of March 4 and June 15, 1917, examined and held to be not an offer to purchase, but a command, acceptance of which "subject to conditions" specified, did not make a contract; therefore, the property delivered under it was taken by eminent domain. P. 220.

2. For property not paid for when taken, just compensation includes the value at that time, with enough more, measurable by interest, to produce the equivalent of full value paid at the taking. Id.

61 Ct.Cls. 693 reversed.

Certiorari to a judgment of the Court of Claims allowing a recovery less than the petitioner’s claim, for tobacco products furnished the government during the war.