Hearne v. Garrett

Citations

• 49 Tex. 619

Syllabus

<p>1. Suit fob part performance on contract.—Where one is employed to perform some stipulated work, or to labor for a specified period of time, and, after part performance on his part, is wrongfully prevented from completing the work contracted for, or laboring for the full period stipulated, the employee may treat the contract as abandoned, and may sue for the reasonable value of the labor performed or service rendered; and the employer is estopped from setting up tlic contract as a bar to the action.</p> <p>2. Same—Need not wait tied expiration of time.—In such case, the employee may sue at once on the contract for damages sustained by its breach.</p> <p>3. Same—Breach as to measure of damage.—Although a tender of performance by the employee and refusal by the employer gives an immediate right of action for its breach on the contract, yet it is not tantamount to performance in determining- the measure of damages, unless the contract is clearly not apportionable.</p> <p>4. Measure of damages.—Ordinarily, the measure of damages, where. the employee has been dismissed, is the loss'sustained by his being prevented from completing the contract, a, pro-rata payment for the services rendered, and profits lost.</p> <p>5. Same—On breach'of contract to hire.—When the employee waits until the expiration of the time before suit., in some cases, on proof of inability to obtain other employment, he may recover the entire contract price; taking the contract as a means of ascertaining the loss sustained, rather than as a fixed measure of the damages resulting from tiie broach.</p> <p>6. Same.—In an action for damages for breach of such contract, the court charged that plaintiff was entitle'd to the value of his services during the time he labored for the defendant, and damages suffered by reason of the breach : Held, Error, in not further instructing that they must take the contract as the standard for determining the value of the services rendered.</p> <p>7. Same.—It seems, in s