Baltimore & Ohio Railroad Co. v. United States

Baltimore & Ohio R. Co. v. United States
Supreme Court of the United States
Argued March 12, 1923 Decided April 9, 1923
Full case name	Baltimore & Ohio Railroad Company v. United States
Citations	261 U.S. 592 (more) 58 Ct.Cl. 709; 43 S.Ct. 425; 67 L.Ed. 816
Holding
An implied in fact contract exists as, an agreement founded upon a meeting of minds, which, although not embodied in an express contract, is inferred, as a fact, from conduct of the parties showing, in the light of the surrounding circumstances, their tacit understanding.
Court membership
Chief Justice William H. Taft Associate Justices Joseph McKenna · Oliver W. Holmes, Jr. Willis Van Devanter · James C. McReynolds Louis Brandeis · George Sutherland Pierce Butler · Edward T. Sanford
Case opinions
Majority	Sanford

Baltimore & Ohio Railroad Co. v. United States, 261 U.S. 592 (1923), is a US Supreme Court case on contract law. The Supreme Court held that an implied in fact contract exists as, “an agreement … founded upon a meeting of minds, which, although not embodied in an express contract, is inferred, as a fact, from conduct of the parties showing, in the light of the surrounding circumstances, their tacit understanding.”

Judgment

The judgment of the United States Court of Claims dismissing the appellant's action for compensation for costs of constructing temporary barracks to house the National Guard at piers leased by it to appellee was affirmed. The governmental officials involved in the construction at the piers had no authority to order the work so there was no express agreement. Further, the court reasoned there was no substantial basis for an implied in fact contract, because construction was voluntarily undertaken by appellant, with no mention of compensation.

See also

• List of United States Supreme Court cases, volume 261

External links

• Full text of judgment from Justia