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United States v. Buffalo Pitts Co., 234 U.S. 228 (1914)

United States v. Buffalo Pitts Company

No. 369

Submitted May 5, 1914

Decided June 8, 1914

234 U.S. 228


In cases brought under the Tucker Act and coming to this Court from a district or circuit court, the findings of fact of the trial court are conclusive, and the question here, unless the record would warrant the conclusion that the ultimate facts are not supported by any evidence whatever, is whether the conclusions of law are warranted by the facts found. Chase v. United States, 155 U. S. 489.

Where property is left with the officer of the government who has charge of the work by the owner relying upon the fact that his title is not disputed and upon representations made to him that payment would be recommended for such use, and Congress has given authority to appropriate property necessary for the particular work and to pay therefor, there is an implied contract on the part of the government to pay for the property, and jurisdiction exists under he Tucker Act. United States v. Lynah, 188 U. S. 445, followed, and Harley v. United States, 198 U. S. 229, distinguished.

When, in the exercise of its governmental rights, it takes property the ownership of which it concedes to be in an individual, the United States, under the constitutional obligation of the Fifth Amendment, impliedly promises to pay therefor. United States v. Lynah, 188 U. S. 445, 188 U. S. 464, followed. Hooe v. United States, 218 U. S. 322, distinguished.

193 F. 905 affirmed.

The facts, which involve the liability of the government under the Fifth Amendment for the rental value of property used by it, are stated in the opinion.

Page 234 U. S. 229

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