Sanford v. E. RiverSide Irrigation Dist.

Citations

• 101 Cal. 275
• 35 P. 865
• 1894 Cal. LEXIS 1025

Syllabus

<p>Contracts—Action for Breach—Performance by Plaintiff—Conflicting Evidence—Question of Fact.—In an action for a breach of contract, it is a question of fact for the jury to determine whether or not the plaintiff had performed on his part all that is requisite under the contract, and a finding in favor of the plaintiff upon conflicting evidence cannot be disturbed.</p> <p>Id.—Contract to Sink Artesian Wells—Basis of Damages—Profit Uton Other Wells.—Where the plaintiff had a contract to sink five artesian wells not less than two hundred feet in depth, and to be five hundred feet in depth, if practicable and possible in the judgment of the defendant, it may be shown as a basis for damages sustained in not being permitted to sink four of the wells provided for in the contract, what was the profit of other wells in the same vicinity of an average depth of four hundred feet, and a verdict of the jury much below the sum reached by such profits is supported by the evidence.</p> <p>Id.—Certainty of Damages—Means of Ascertainment.—Though the profit upon the sinking of artesian wells cannot be determined with mathematical certainty, yet the damages are fairly ascertainable in their character and origin within the meaning of section 3301 of the Civil Code; and the number and character of wells driven in the vicinity sheds light upon the question and affords the best means for it solution.</p>