Oliver Wendell Holmes, Jr.

“ The court of claims allowed the claimants the expenses accrued during the time of building the second and third temporary dams, from which allowance also the United States appeals.
Taking up first the allowance for the unsuccessful temporary dams and charges for superintendence during the time consumed in constructing them, we are of opinion that the United States is entitled to prevail in its appeal. The contract was silent as to them, and did not embrace them. A contract to produce a result does not bring the means employed to provide it into the contract. ”

“ They remain under the control of the contractors alone. The claimants rely upon specification 40: 'The lines and levels for this work will be established on the ground by the engineers, and the contractor must conform and keep thereto.' But this refers to the work, the permanent structure, not to the transitory instrumentality used in building it. While the engineer in answer to the claimants pointed out a place for the temporary dam, it does not appear to have been ordered to be placed there. ”