Farmer v. . Francis

The declaration contains two counts — one upon a special contract, and the other upon a quantum valebant, for work and labor done and materials furnished by the plaintiff. The defendant employed the plaintiff to build him a house within a certain time and at a specified price. It is admitted the work was not done agreeably to contract, but a house was built, which the defendant used.

■ The plaintiff is entitled to a verdict on the second count; and the only question is, as to the rule, by which his damages are to be assessed. On the part of the plaintiff it is contended, that the damages are…