Samuel Freeman Miller

“ It is too well settled to admit of dispute at this day, that where there is a discretion of this kind conferred on an officer, or board of officers, and a contract is made in which they have exercised that discretion, the validity of the contract cannot be made to depend on the degree of wisdom or skill which may have accompanied its exercise. ”

“ But the last article of the agreement seems to be an express promise to furnish all the hogs mentioned in the contract.
7. That plaintiffs have not proved that they were ready and willing to perform.
But the Court of Claims find this readiness, for they say that 'claimants incurred large expenditures in preparation for fulfilling their contract, and during the whole season kept the full complement of hands necessary to have slaughtered the whole 50,000 within the customary season.'
8. The rule for the measure of damages is not the correct rule as applied to the facts. ”

“ The counsel for the appellant urges eight separate objections to this judgment, which we must notice in the order they are presented.
1. Pork-packing and curing bacon is not a business within the scope of the powers of the Secretary of War, or his subordinates. ”