Hickok v. W. E. Adams Co.
South Dakota Supreme Court
Appeal from circuit court, Lawrence county; Hon, Joseph B. Moore, Judge. Action by Herbert D. Hickok against the W. E. Adams Company. Prom a judgment in favor of plaintiff, defendant appeals.
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Appeal from circuit court, Lawrence county; Hon, Joseph B. Moore, Judge. Action by Herbert D. Hickok against the W. E. Adams Company. Prom a judgment in favor of plaintiff, defendant appeals. The measure of damages where an employer refuses to permit an employee to proceed under a contract for specific work at an agreed price, or delays him' in the work, is the difference, if any, in favor of the employee, between the stipulated price and the cost of completing the work as per contract, including in such case the value of the employee’s own labor, or, the difference in the cost of completing…
1Opinion of the CourtHaney, J.
The parties to this action entered into a written contract whereby the plaintiff was to furnish all labor necessary, and to complete, in a good and workman-like manner, the entire steam-heating plant of defendant’s new building in Deadwood, on or before July 15, 1899; defendant was to provide Wilks heater, hot-water tank, steam boiler, smokestack, and setting of boiler; all other material was to be furnished by the plaintiff, and boiler set ready for connections by July 1st. It was expressly stipulated that if the plaintiff failed to comply with the conditions of the contract the defendant…
2Cases cited3 opinions
- Nilson v. MorseWisconsin Supreme Court · 1881
- Watson v. Gray's Harbor Brick Co.Washington Supreme Court · 1891
- Jewett v. WilmotNebraska Supreme Court · 1897
3Cited by1 opinion
- Subsurfco, Inc. v. B-Y Water DistrictSouth Dakota Supreme Court · 1985