Robinson v. Mellon
Robinson v. Mellon
Opinion of the Court
This was an action for breach of contract. The plaintiff’s claim was that he entered into an agreement with the defendant, by the terms of which the latter promised, among other things, to pay him at the rate of $1.50 per cubic yard for all filling required to be made in an improvement contemplated by the defendant on the east side and west side of Morgan boulevard, in the city of Camden, from Olive street to Newton creek; that he, the plaintiff, subcontracted for this filling, the subcontractor agreeing to do the work and supply the materials at the rate of one dollar per cubic yard; and that the defendant afterward breached the contract, refusing to permit the plaintiff to perform the work and procuring other contractors to do it. The proofs supported the claim as to the breach of the contract. They also showed that the amount of the filling would be about thirteen thousand cubic yards, according to the testimony of the defendant’s own engineer. The jury rendered a verdict in favor of the plaintiff and awarded him $6,000 as damages.
The alleged excessiveness of the verdict is the only ground upon which we are asked to make this rule absolute.
For the reason indicated, the rule will be discharged.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.