Van Cantfort v. Colmar Realty Co.

While the language in the petition indicates that plaintiff sought to recover for an amount due on the contract, counsel for plaintiff have argued the case in this court as one for damages for the breach thereof —it being contended that the allegations of the petition are sufficient to support an action for the breach thereof.

It is fundamental that a party may breach his contract at any time and that if he does so wrongfully, an action may be maintained for damages for the breach, but not for the amount due under the contract; and we have thus considered the action as one for a breach of the…