City & Suburban Railway Co. v. Thomas C. Basshor & Co.

Citations

• 82 Md. 397
• 33 A. 635
• 1896 Md. LEXIS 5

Syllabus

<p>Contract for the Construction of Boilers — Heating Surface — Economy in use of Fuel — Measure of Damages for Breach of Contractin Action on Common Counts.</p> <p>Plaintiffs agreed to furnish certain boilers, of 200 horse-power each, under a contract which designated the diameter and length of each boiler, and the number and size of the tubes. In the specifications referred to in the contract it was stated that “at the water tube boilers standard factor (n}4 sq. ft. per H. P.), these boilers will give 1,000 H. P.” Held, that the plaintiffs were not bound to supply boilers having each 2,300 square feet of heating surface for 200 horse-power, but that the amount of heating surface requisite was a matter of calculation from the figures mentioned in the contract.</p> <p>Since the above contract contained no stipulation as to the quantity of fuel necessary to get the specified power, the plaintiffs were not bound to furnish boilers that would give 200 horse-power with the greatest economy in the consumption of coal.</p> <p>When after a contract has been performed by the plaintiff he sues on the common counts for a balance due, he may recover damages at the rate of compensation fixed by the contract.</p>