Oliver Wendell Holmes, Jr.

“ The Government had to use it, and had the right to use it, whether the Government was bound to pay, or whether, as the plaintiff's engineer said to its district manager, the Telephone Company took the chances of getting paid. The Government had the plaintiff's contract and would have had the right to rely upon it even if it had been informed that the plaintiff was dissatisfied. It seems to us that the dissent of two of the Judges of the Court below is directed rather to the findings than to the statement of the law upon the findings as they stand. These are not open to question before us. ”

“ There was no assent to this expectation, nor did these officers have any authority to give such assent, and as we have said there was neither assent nor knowledge on the part of those higher up. The fact that plans of the building to be erected by the Government showing the switchboard and equipment proposed were submitted to the Secretary of War is no help to the plaintiff. ”

“ Baltimore & Ohio R. R. Co. v. United States, 261 U.S. 592, 596, 43 S.C.t. 425, 67 L. Ed. 816, and that the Secretary of War never heard the suggestion or knew that a claim would be made until after the armistice. We are of opinion that on the findings the decision was right. ”