Taber v. Porter-Gildersleeve Co.

Citations

• 271 Pa. 245
• 114 A. 773
• 1921 Pa. LEXIS 489

Syllabus

<p>Contract — Failure of performance — Completion of work — Damages — Measure.</p> <p>1. Where a contractor fails in his contract to fill land, it is the owner’s duty to mitigate the damages by such reasonable acts as will avoid damages to all parties.</p> <p>2. If the owner procures ■ another to complete the fill, and this is done by the second contractor in connection with other land at an average cost, which is less than the cost of filling the owner’s land by itself, the measure of damages is the difference between the contract price, and the actual price paid by the owner for the completion of the fill.</p> <p>3. In such case the contractor cannot assert that the measure of damages is the difference between the value of the land filled and ■ unfilled.</p>