Louis Brandeis

“ But it was expressly provided that neither the Secretary nor the court should include in the award 'prospective or possible profits on any part of the contract beyond the goods and supplies delivered to and accepted by the United States and a reasonable remuneration for expenditures and obligations or liabilities necessarily incurred in performing or preparing to perform' the contract. ”

“ In an effort to reestablish its business and preserve the value attaching to its plant as an operating concern, and in the belief that, if normal conditions should be restored, it could again do a profitable business, it has expended considerable sums of money, by operating at a loss, in keeping its business alive and its organization existent, and by reason of such efforts since the cessation of Government work it has sustained an operating loss of $125,000. ”

“ It is urged here that the full amount should be allowed to reimburse claimant for expenditures incurred at the plant in the early months of 1918, when it was idle because of the government's delay in supplying goods for finishing. Some allowance for expenses incurred during that period was allowed under the fifth cause of action and is included in the $47,700.08 for which judgment was entered. For awarding more there is no basis in the findings. ”