Samuel Freeman Miller

“ If, therefore, he is responsible to the United States beyond the sum due him at the time the contract is taken from him, it is not by the express terms of the contract, but on the general doctrine of damages on failure to fulfil and contract.
So, on the other hand, we think it equally clear that when his contract is rightfully terminated, he is entitled to no further rights in regard to its performance by others. The government does not, by reason of being compelled by his failures to resume control of the work, do so for his benefit, but for its own. ”

“ It may very well be contended that the engineer in charge is by the agreement of the parties made the judge of the existence of 'such delay or inability to proceed with the work in accordance with the contract' as justifies him in taking it away, and that his action in that regard is conclusive. But the counsel for the United States have not assumed that ground here, and it is not necessary to the decision of the case. ”

“ It may be safely asserted, however, that it will be presumed that his action was well founded until it is impeached by satisfactory evidence, and especially where, as in this case, the time limited for the completion of the work had passed. Such evidence is wanting in this case. ”