Hickok v. W. E. Adams Co.

Citations

• 18 S.D. 14
• 99 N.W. 77
• 1904 S.D. LEXIS 13

Syllabus

<p>1. Rev. Civ. Code 1903, § 2293, provides that for the breach of a contract the measure of damages is the amount which will compensate the party aggrieved for detriment proximately caused thereby, or which in the course .of things would be likely to result therefrom, A 'contract he-tween plaintiff and defendant required plaintiff to furnish all labor necessary to put in a heating piant, the materials to be furnished by defendant on or about a specified date. The materials were not furnished until some time thereafter, and plaintiff sued for damages because of the delay. Held, that the measure of plaintiff’s damages was any increase in the cost of putting in the plant at the time when it was put m above that atthe time when it would have been put in if the.materials had been furnished as required, and not the reasonable value of plaintiff’s personal services during the period of the delay.</p> <p>2. Under the express provisions of Rev. Civ. Code 1903, § 2329, a parly may not recover a greater amount in damages for the'breach of a contract than he would have gained by the full performance thereof on both sides.</p>