Louis Brandeis

“ We are of opinion that the findings sought, if made, would be of no avail to plaintiff. Oral protests, a claim for additional compensation and a favorable advisory opinion thereon, would be facts clearly insufficient to establish plaintiff's contentions. ”

“ A motion to remand for further findings, even if based wholly upon matter included in the original record on appeal, should be submitted at the first term of the entry of the case so that this court may determine whether the motion shall be passed upon in advance of the hearing on the merits to be postponed until such hearing. ”

“ The claim on account of work inside the contract lines was not insisted upon here. The claim for work outside the contract lines was urged in the brief on the merits, but at the argument plaintiff conceded that, upon the findings of fact made, there could be no recovery. The contention then presented was that this court could not come to a proper decision on this claim without having findings as to the existence or nonexistence of eight additional alleged facts ”