Ladue v. Seymour
New York Supreme Court
This was an action of assumpsit, tried at the Rensselaer circuit, in September, 1838, before the Hon. John P. Cushman, one of the circuit judges. The declaration contained the common counts in assumpsit, and the plaintiff claimed to recover payment for tanning 500 Georgia hides for the defendants, and proved that the work was worth 5| or 5| cents per pound, and that the hides averaged 14 or 15 pounds each.
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This was an action of assumpsit, tried at the Rensselaer circuit, in September, 1838, before the Hon. John P. Cushman, one of the circuit judges. The declaration contained the common counts in assumpsit, and the plaintiff claimed to recover payment for tanning 500 Georgia hides for the defendants, and proved that the work was worth 5| or 5| cents per pound, and that the hides averaged 14 or 15 pounds each. It appeared, on the plaintiff’s evidence, that the work was done under a sealed contract, between the parties, and on this ground the defendants moved for a nonsuit; but the motion was…
1Opinion of the Court
By the Court,
Bronson, J.
When a man who has done work under a special contract, but not in conformity to it, either as to the time or manner of execution, is allowed to recover against a party who is not in fault, it is the duty of courts and juries to see that an ample allowance is made for all such damages as the defendant has sustained by the departure from the contract. The question is not what the work and materials cost the plaintiff, or how much, under other circumstances, he ought to have. He cannot, in any event be entitled to more than the contract price ; and from that must.be…
2Cases cited3 opinions
- Mead v. DegolyerNew York Supreme Court · 1837
- Scouton v. EislordNew York Supreme Court · 1810
- Clark v. SmithNew York Supreme Court · 1817
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- Ferguson v. RutherfordNevada Supreme Court · 1872
- Berry v. SchaadAppellate Division of the Supreme Court of the State of New York · 1900
- White v. SotoCalifornia Supreme Court · 1890
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