Kendall Bank Note Co. v. Commissioners of Sinking Fund

Citations

• 79 Va. 563
• 1884 Va. LEXIS 115

Syllabus

<p>1. State Boards—Contracts—Breach—Damages.—-Where a state board is authorized to cause the execution of a work, and makes a contract therefor, such contract is binding on the state. The rights of the contracting parties under it are the same as in other cases of the like kind, and the measure of damages for the breach of such contract is regulated by the settled rule on the subject, viz: that the plaintiff should have a fair compensation for all labor done, materials furnished and expenses incurred, together with such profits as he was likely to have realized as the direct and immediate fruits of the contract, had it been fulfilled.</p> <p>2. Idem—Profits.—-Plaintiff is entitled to prospective profits when prevented from going on with the work by being ordered by the other party to desist, or by the latter’s omission to perform some condition precedent to-its further prosecution.</p> <p>3. Idem—Plea.—No opinion nor expectation of the defendant, not constituting part of the contract, can furnish him any plea of defence against an action for the breach of the contract.</p>