Baer v. Sleicher

Citations

• 153 F. 129
• 15 Ohio F. Dec. 513
• 1907 U.S. App. LEXIS 4387

Syllabus

<p>1. COTim’E&OLA.IM —SUB JEOT-MATTISB — OjIIO STATUTE.</p> <p>A contractor for a government work in Ohio canceled the contract of subcontractors for an alleged breach, and took possession of the tools and materials of the subcontractors on the premisos under a provision of the contract, and used the same in completing; the work. The subcontraciors, who were citizens of another state, having brought an action in replevin for such tools and materials in a federal court, the defendant therein filed a counterclaim for damages growing out of the breach of contract by the plaintiffs, field, that such claim for damages was one “arising out of the contract or transaction set forth in the petition, as the foundation of the plaintiff’s claim, or connected with the subject of the action.” in such sense as to make it a proper counterclaim under Rev. St. Ohio 1906. § 5009, and therefore that the court had authority under section 5089 to order it docketed as a separate action, and liad jurisdiction over the subject-matter and the persons of the defendants therein.</p> <p>2. Damages — Breach oe Building Contract.</p> <p>A contract to furnish, the materials and. labor for certain work on a structure provided that in case the contractor should fail to complete the contract in accordance with-its terms the second party should have the right to recover any and all damages incurred by reason of said failure, and also to recover whatever sums might be expended in completing the said contract in excess of the contract price. Hold, that upon such failure and the’completion of the contract by the second party his recovery was not limited to the reasonable cost of such completion, to be determined by a Jury, but that he was entitled to recover the actual amount expended by him in good faith in such completion.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 15, Damages, §§ 307, 308.]</p>