Caldwell v. Myers

Citations

• 2 S.D. 506
• 51 N.W. 210
• 1892 S.D. LEXIS 12

Syllabus

<p>1. When a special contract is terminated by an employer against the will of the contractor, and the contractor elects to consider the contract as rescinded, and the work under the contract is stojiped, the contractor can recover the actual value of the work done and ‘material furnished.</p> <p>2. When a contractor elects to consider the contract rescinded, and brings his action for work, labor and material generally, the rule of damages is the actual value of what has been done under the contract.</p> <p>(Syllabus by the Court.</p>