Reference

Full Case Name

John McConaghy v. Pemberton & Co.

Cited By

5 cases

Status

Published

Syllabus

Contract — Mutual covenants — Damages—Speculative damages. Plaintiff and defendants entered into a written agreement containing mutual covenants by which defendants were to convey to plaintiff twenty-four lots, “ clear of incumbrances; taxes and water r-ents to be apportioned; sewer, gas, water, curb and street pavement to be put in” by defendants; and plaintiff was to convey to defendants a number of properties, and to build houses on the lots conveyed to him by defendants “ within one year.” Defendants failed to put in the curb and street pavement. The city did the work, and filed liens against the properties which plaintiff was compelled to pay. Plaintiff did not begin the constmetion of houses until after the street improvements were put in, and until more than a year after the execution of the contract. In an action to recover the amount of the municipal liens paid by plaintiff, held, that he was entitled to recover, (1) because he was not bound to build the houses before the curbing and paving were done; (2) because the damage, if any, suffered by defendants from plaintiff’s failure to build the houses within a year were not the subject of set-off for the reason that they were speculative, and not in contemplation of the parties when the contract was made, and not such as arose naturally from the breach.