Raven v. Smith
New York Supreme Court
Appeal from special term, Westchester county. Action by John Raven against William R. Smith for services performed under a contract, and for breach of the contract. From a judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtBarnard, P. J.
A large part of the plaintiff’s claim was for damages for a breach of the contract by which the plaintiff was to grade a lot at 14 cents per cubic yard. There was no real dispute as to the contract or as to its breach. After a small portion of the grading had been done, the defendant directed the work to stop. The plaintiff gave evidence that the grading could have been done for S-t cents a yard, which gave 5-¡- cents as the profit which the plaintiff would have made if he had been permitted to complete the work. The defendant offered to prove that the actual cost to a contractor per cubic…
2Cited by2 opinions
- Raven v. SmithNew York Supreme Court · 1893
- Raven v. SmithNew York Supreme Court · 1894