Oliver Wendell Holmes, Jr.

“ On May 9, 1910, the Warren Construction Company, the bankrupt, had contracted to do some construction for a railroad company, receiving monthly payments on account, and agreeing that if at any time there should be evidence of any lien for which the railroad might become liable, and which was chargeable to the Warren Company, the railroad might retain an amount sufficient to indemnify it. ”

“ The plaintiff in error contends that the provision in favor of 'lienable claims' was confined to those that were secured by a valid lien. We express no opinion as to whether the lien of the Root Company, asserted against the property of the railroad, could have been defeated by its contract with the Warren Company notwithstanding the Warren Company's default. It is enough that we agree with the ultimate view of the circuit court of appeals. ”