MEMORANDUM:
BY THE COURT.
The defendant did not agree to order and pay for any definite quantity of hay or oats, and the bids made and contract executed contemplated that such quantities as were-ordered would be furnished by the plaintiff. The defendant paid for all that it ordered. See Brawley case, 96 U. S. 168; Smoot case, 237 U. S. 38, 42 ; 48 C. Cls. 427; Bulkley case, 19 Wall. 37; Nelson Co. case, 56 C. Cls. 448.
The petition is dismissed.