Charles Evans Hughes

“ Petitioners contended that under the law of California the clause providing for liquidated damages did not apply to delay which occurred after the abandonment of the work by the contractor. This contention was overruled. The Circuit Court of Appeals expressly recognized that its decision in that respect was contrary to the decision of the District Court of Appeal in California in the case of Sinnott v. Schumacher, 45 Cal.App. 46, 187 P. 105. But the Circuit Court of Appeals thought that decision wrong and refused to follow it. ”

“ American Telephone and Telegraph Co., 311 U.S. 223, 61 S.Ct. 179, 85 L.Ed. 139, and Fidelity Union Trust Co. v. Field, 311 U.S. 169, 61 S.Ct. 176, 85 L.Ed. 109, decided this day, and further amplification is unnecessary. See, also, Rindge Co. v. Los Angeles County, 262 U.S. 700, 708, 43 S.Ct. ”