Hemingway v. Torson

The opinion of the court was delivered by

Marshall, J.:

The plaintiff prosecutes this action to recover the amount due under a contract for driving piling, and to recover damages sustained by reason of the defendants refusing to permit the plaintiff to complete the performance of the contract. Judg*701ment was rendered in favor of the plaintiff for the amount due under the contract and for the damages sustained, totaling $18,315.73. The defendants appeal.

The contract on which the plaintiff seeks to recover read as follows :

‘'Contract for Installation of Piling.

Aug. 18, 1925.

“Torson Const. Co.,…