Mason v. Russenberger

George Rose Smith, Justice.

The appellants, Mr. and Mrs. Mason, brought this action for damages arising from the appellees’ asserted failure to complete a contract by which they were to construct a dwelling house for the Masons. The trial judge directed a verdict for the defendants, on the ground that the plaintiffs’ proof of damages was insufficient to enable the jury to fix the pecuniary loss. For reversal it is contended that the proof was sufficient.

The trial judge was right. The measure of damages in a case of this kind is the difference between the unpaid portion of the contract price…