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Charles Nelson Co. v. United States, 261 U.S. 17 (1923)

Charles Nelson Company v. United States

No. 287

Argued January 25, 26, 1923

Decided February 19, 1923

261 U.S. 17


A contract for furnishing lumber to the government at a specified price contained a clause obliging the contractor to deliver any quantities ordered in a certain period irrespective of the estimated quantity named in the contract. Held that the contractor, in furnishing lumber in excess of that quantity and in accepting the contract price therefor without protest, knowing that the government was relying on the contract, waived his right to insist that the clause was void for lack of mutuality, and could not recover the difference between the contract and higher, market prices for the excess so furnished. P. 261 U. S. 19.

56 Ct.Clms. 448 affirmed.

Appeal from a judgment of the Court of Claims.

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