William O. Douglas

“ Today the law does not look with disfavor upon 'liquidated damages' provisions in contracts. When they are fair and reasonable attempts to fix just compensation for anticipated loss caused by breach of contract, they are enforced. ”

“ The power to purchase on appropriate terms and conditions is, of course, inferred from every power to purchase. But if that is the source of Congressional authority to impose penalties, then any procurement officer, in war or in peace, could impose them. ”

“ The Court of Claims held this provision enforceable even though petitioner had made prompt delivery of the eggs, because it felt that the provision enabled respondent t carry on its dried-egg program 'with assurance that it could count on the dried-egg products being ready on the specified date.' That position is amplified by respondent. The argument in short is that liability to pay 'liquidated damages' for failure to have goods ready for delivery even prior to the time when delivery is due gives assurance against tardy deliveries ”