Oliver Wendell Holmes, Jr.

“ The only serious argument is the supposed duress. But that can not prevail. It may be true that the claimant was yielding to the statute in a general way and did not discriminate between what it was required to yield and what it could reserve. But if it had desired to stand upon its legal rights it should have saved the question of the price. It did not do so, but on the contrary so far as appears was willing to contract and was content in the main with what was offered. ”

“ But the petition is framed on the theory that there was no contract but a requisition under the above mentioned Act of June 3, 1916, c. 134, § 120, and that the claimant is entitled to just compensation by that section and by the Fifth Amendment to the Constitution. This we hold to be a mistake. Whether any claim for damages could be urged is not before us ”

“ Our judgment excludes any remedy under the Act of March 2, 1919, c. 94, 40 Stat. 1272 (Comp. St. Ann. Supp. 1919, §§ 3115 14/15a-3115 14/15e) , providing for supplies and services furnished under agreements not executed in the manner prescribed by law. ”