Rightmire v. Hirner

Citations

• 188 Pa. 325
• 41 A. 538
• 1898 Pa. LEXIS 611

Syllabus

<p>Master and servant — Breach of contract — Wages—Commissions—Measure of damages.</p> <p>In an action to recover damages for an alleged breach of a contract of employment to sell machines on commission where it appears that at the time of the alleged breach the contract had three years to run, but defendants were not bound to furnish any definite number of machines, and could practically terminate the contract at any time by ceasing to manufacture them, the measure of damages is not the profit which plaintiff would have made on his contract, but the value of the contract at the time of breach; and in considering the value, the jury must bear in mind that the defendants were not obliged to furnish any specified number of machines, or even to continue their manufacture; that the plaintiff’s rights under his contract were subject to the contingencies of business and depression of trade, which might lend to reduce the sales; and in estimating the damages consequent upon the loss of the contract, the jury must take into consideration what the plaintiff probably could earn in some other employment or occupation during the time which the contract had to run.</p>