American Surety Co. v. Woods
Court of Appeals for the Fifth Circuit
.In.Error to the Circuit Court of the United States for the Eastern* District of Louisiana. On December 7, 1894, Stewart & McDermott made a written contract with the New Orleans Sewerage Company for the construction of certain sewers and-their appurtenances in the city of New Orleans. By this contract the sewerage-company agreed at its own cost and expense to furnish all the material re-, quired in the construction of the sewers and their appurtenances.
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.In.Error to the Circuit Court of the United States for the Eastern* District of Louisiana. On December 7, 1894, Stewart & McDermott made a written contract with the New Orleans Sewerage Company for the construction of certain sewers and-their appurtenances in the city of New Orleans. By this contract the sewerage-company agreed at its own cost and expense to furnish all the material re-, quired in the construction of the sewers and their appurtenances. The contractors, Stewart & McDermott, bound themselves to furnish all the labor' required to properly construct the sewers and their…
1Opinion of the CourtShelby, Circuit Judge
The question to be considered is the charge of tbe court on the measure of damages. The instruction, in effect, was that the measure of damages was the difference between the contract price and what ir. would have cost to finish the sewers, and that, to recover this difference, it was not necessary for the sewerage company to complete the work. “Where the object of the contract is anything but the payment of money, the damages due to the creditor for its breach are the amount of the loss he has sustained and the profit of which he has been deprived,” under certain exceptions and modifications…
2Cases cited7 opinions
- United States v. BehanSupreme Court of the United States · 1884
- Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
- Kidd v. . McCormickNew York Court of Appeals · 1881
- Dow v. HumbertSupreme Court of the United States · 1876
- Hunt v. Oregon Pac. Ry. Co.U.S. Circuit Court for the District of Oregon · 1888
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3Cited by15 opinions
- Nello L. Teer Company and United States Fidelity & Guaranty Company v. Hollywood Golf Estates, Inc.Court of Appeals for the Fifth Circuit · 1963
- Simons v. WittmannMissouri Court of Appeals · 1905
- Long v. American Surety Co.North Dakota Supreme Court · 1912
- Northwestern Steam Boiler & Mfg. Co. v. Great Lakes Engineering WorksCourt of Appeals for the Eighth Circuit · 1910
- American Bonding Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1909
10 more not listed; retrieve them via the Exa API.