Angleró v. Municipality of Fajardo
Angleró v. Municipality of Fajardo
Opinion of the Court
delivered tbe opinion of tbe Court.
■ ■ Angleró, an independent contractor, brought an action for damages, against tbe municipality of Fajardo.
Plaintiff had borrowed money in order to perform the work. The damages which he now seeks .to recover from the municipality arose in one way or another out of his failure to meet his own obligation. It may be that his failure-to meet his obligation was due in turn to the wrongful act of the municipality. Plaintiff’s contract to repay the money borrowed by him was, however, a collateral contract. The municipality was not a party to it. There is nothing to show that the municipality was aware of the contractor’s limited resources or of his lack of funds sufficient to carry on the work. The special damages arising out of the peculiar circumstances of the contractor’s financial condition were not within the contemplation of the parties to the contract with the municipality. We think the district court was right in holding that the contractor could not recover such, damages. Louden v. Taxing District, 104 U. S. 772; Ryan v. City of New York, 143 N. Y. Supp. 974, 155 App. Div. 105; Wilson v. Nelson, 153 Pac. 1179; Tillman v. City of Seaside, 25 Pac. (2d) 917; Scheer v. Nelson, 205 N. W. 250; Arnott v. City of Spokane, 33 p. 1063; Green Briar Drainage District v. Clark, 292 Fed. 828; Board of Directors v. Roach, 174 Fed. 949; Beck v. Wilbois, 190 N. W. 376; Kennedy v. Hudson, 138 So. 282; 44 Corpus Juris, section 2594.
At the time of the contract with the municipality, the contractor signed ah additional document whereby he agreed to perform certain additional work, which might become or probably would become necessary, at the unitary prices provided for in the contract. Later the contractor performed a considerable portion of this additional work hut a part of it was done by the municipality itself or by others
What we have said disposes of the main questions raised by appellant. Others do not demand serious discussions. The errors, if committed, would not require a reversal.
The judgment appealed from must he affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.