Utter v. Chapman

Citations

• 38 Cal. 659

Syllabus

<p>Measure of Damages fob Breaches of Contract for the Performance of Services.—While the contract price will he adapted as the prima facie measure of damages in actions for breacli'of contract for the performance of services, the damages may, nevertheless, be increased or diminished, accordingly as the proof shows that the plaintiff has sustained an actual loss greater or less than the contract price.</p> <p>Idem—Parties whose services have been refused, when offered according to their contract, may not refuse employment from others, and insist upon the payment of the full contract price, but should protect themselves from loss, so far as it may be done by reasonable exertions.</p> <p>Idem.—The amount received for the employment of the services by other parties, should be deducted from the amount of the damages computed by the contract price.</p>