Stashin v. Rothman

The plaintiff is one of the institutions which contract to give lessons in English until a certain standard has been attained. The defendant refused to take or pay for the lessons contracted for.

The measure of damage in actions of this character is not of the kind discussed in Ware Bros. Co. v. Cortland Cart & Carriage Co., 210 N. Y. 122. In that case the contract price was held to be prima facie measure of the damage because the publishing of an advertisement involves no additional outlay of capital other than the inconsequential amount of paper and ink involved. In actions similar to the…