Riggs v. Horde

Citations

• 25 Tex. 456

Syllabus

<p>Where a school-mistress engaged to teach a session of five months, and taught four months, at which time she voluntarily broke her engagement, she can maintain an action upon a quantum meruit for her services.</p> <p>Where the failure to complete the contract is neither the fault of the plaintiff, nor of the defendants, the true measure of damages is the value of the teacher’s services for the time, not by s, pro rata division of time, but according to the actual value of the teacher’s services, or the amount of benefit the defendants received, not to exceed the contract price.</p> <p>Where no errors are assigned, and an error does not go to the foundation of the action, the court might affirm the judgment; but if the plaintiff suggest delay, the court is required to revise the rulings of the court below.</p>