Oliver Wendell Holmes, Jr.

“ But it would be a very severe construction of the contract, a contract, too, framed by the United States, to real the reservation of a right to annul for want of a diligence not otherwise promised, as importing a promise to use such diligence as should satisfy the judgment of the engineer in charge. It is one thing to make the right to continue work under the contract depend upon his approval, another to make his dissatisfaction with progress conclusive of a breach. ”

“ It is true that the expression of the right to proceed to provide for the completion of the contract and the reference to Rev. Stat. § 3709, hardly belong in that part of the contract unless the defendants are liable for the expense, but the contract does not show technical accuracy enough to give this consideration great weight. If the United States wants more, it must say so in plainer words. ”

“ On December 4, 1900, the major of engineers in charge wrote from Newport to the contractors and their surety, now represented by the other defendant, 'that from present appearances it does not seem to be possible for the contractors to put on other dredges than the one now supposed to be at work,' stating what had been done and what would have to be done before the time allowed expired, and that to do the work it would need three dredges upon it continuously. ”