L. L. Bush & Co. v. Baltimore & Catonsville Construction Co.

Citations

• 88 Md. 665
• 41 A. 1092
• 1898 Md. LEXIS 232

Syllabus

<p>Contracts — Measure of Damages when Defendantputs an end to Contract for Work — Estimated Profits.</p> <p>When the plaintiff has been engaged to do certain work for the defendant and the latter breaks the contract, the plaintiff’s measure of damages is the difference between the contract price and what it would have cost the plaintiff to do the work.</p> <p>The contract between the plaintiffs and defendant provided that plaintiffs should deliver a large quantity of gravel for ballast on the railway being constructed by defendant. The contract was broken by defendant’s refusal to proceed with it, and plaintiffs claimed as damages an estimated profit of fifty cents a yard upon 56,000 cubic yards, which he alleged was the quantity to be delivered under the contract. Defendant contended that the contract was for the delivery of only 25,000 cubic yards, also that ’plaintiffs would not have been able to deliver that quantity within the time specified, and that even if the’contract had been performed plaintiffs would not have made any profit. Held:</p> <p>1st. That according to its true construction the contract was for the delivery of 25,000 cubic yards of gravel within a certain time.</p> <p>2nd. That a preponderance of evidence establishes that plaintiffs were able and ready to deliver the gravel within, the time specified.</p> <p>3rd. That according to the testimony of most of the witnesses plaintiffs would have made a profit if they had been permitted to complete the contract and that they are entitled to recover the same.</p>