Wright v. J. F. Duthie & Co.

Citations

• 118 Wash. 564
• 204 P. 191
• 1922 Wash. LEXIS 697

Syllabus

<p>Damages (118) — Breach of Contract — Loss of Profits — Evidence — Sufficiency. The measuré of damages for refusing to permit a contractor to complete the caulking of two vessels upon which he was engaged is the loss of profits on the whole contract, the amount of which is properly determinable by the estimates of qualified competent witnesses.</p> <p>Same (74, 118) — Measure of Damages — Loss of Profits — Breach of Contract — Evidence. In an action to recover lost profits by a contractor on ship construction work who had been prevented from completing the contract, the fact that the contractor worked as a laborer along with his men would not establish that his loss of time was erroneously included in addition to his loss of profits, where there was no extra claim on account of such personal service.</p> <p>Damages .(94) — Excessive Damages — Breach of Contract. Where a shipbuilder, after cancelling a contract for caulking rivets, completed the work for a sum less than the contract price, that fact would not be controlling on the question of the contractor’s loss of profits, and hence a verdict in excess of that amount cannot be ascribed to passion and prejudice on the part of the jury.</p> <p>Same (128) — Measure of Damages — Instructions. In an action for lost profits by reason of the prevention of performance of a contract, where there was neither pleading nor proof of damages for loss of time, an instruction to the jury, that, if they find for plaintiff, they should allow, such an amount as will justly compensate him for the damages which have been established by the evidence, is not open to the objection that it allows them to find for plaintiff’s loss of time.</p> <p>Trial (101) — Instructions — Requests Already Given. In an action upon a contract whose performance was prevented by defendant, an instruction that the measure of damages is the excess of the price plaintiff was to receive under the contract for the performance of the work over what it would hav