Louis Brandeis

“ But no facts are alleged which afford any basis for a claim that the repayment made by the mills was exacted by the government for the benefit of the plaintiff. The Tucker Act does not give a right of action against the United States in those cases where, if the transaction were between private parties, recovery could be had upon a contract implied in law. ”

“ For aught that appears repayment was compelled solely for the benefit of the government, under the proviso in section 1 of the Dent Act, which authorizes recovery of money paid under a settlement, if it has been defrauded.
The practice of the Court of Claims, while liberal, does not allow a general statement of claim in analogy to the common counts. ”