Waldrip v. Hill

Citations

• 70 Wash. 187
• 126 P. 409
• 1912 Wash. LEXIS 1027

Syllabus

<p>Damages — Breach of Contract — Duty to Mitigate Damage. In an action for breach of a contract to employ teams continuously at a stated sum per diem for a definite period, lack of diligence on the part of the plaintiff to secure other work for his teams is not shown by his refusal of defendant’s offer to employ his teams in hauling sand at a stated price per load, where that involved the additional'expense of employing teamsters and a man to assist in loading and the profits were uncertain.</p> <p>Contracts — Breach—Substitution—Waiver of Breach. In an action for breach of a contract to employ plaintiff’s teams at a stated sum per diem, the jury was warranted in finding that defendant’s offer to give the plaintiff employment at hauling sand at a stated sum per load was with a view to substituting it for the old contract, acceptance of which would have waived the breach.</p> <p>Damages — Breach of Contract — Elements. In an action for breach of a contract to continuously employ plaintiff’s teams at a specified per diem for a stated period, the expense of feeding the teams is not an element to be deducted, since it was not an expense incurred solely in the prosecution of the work, and it must be incurred regardless of the performance of the contract.</p>