William Howard Taft

“ The money to be advanced by the government was doubtless an indispensable aid to the company's fulfillment of its contract. The estimates limiting the amount were in the interest of the government. But the possibility that the estimates might not furnish a plant of sufficient capacity to do the work within the time mentioned did not relieve the company, and, if it thought a larger expenditure necessary for this, it must make it. Just compensation for canceling the contract requires that the contractor shall be made whole and recover the expenditures necessary to perform the contract. ”

“ I was stipulated in the contract that the Barrett Company should furnish a bond for the faithful performance of the contract equal to the approved estimate of the cost of construction; that time was an essential element in the contract; that by failure to make delivery, in conformith with the requirements of the contract and within the times prescribed, the United States would be damaged; that the damage should be liquidated for each day's delay at the rate of a certain per cent. of the contract price, and legal excuse for delays was to be determined by the United States. ”

“ If one goes beyond its terms it is difficult to perceive how financial obligations to pay more than is agreed to be paid can be inferred on the single theory that the defendant in the exercise of a lawful right terminated all further proceedings under the same and is held thereafter to account for no more than just compensation. ”