Cases in Quasi Contract Selected From Decisions of English And American Courts

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Vanderlip, 12 Johns. (N. Y. ) 165, 7 Am. Dec. 299; Jennings v. Camp, 13 Johns. (N. Y. ) 94, 7 Am. Dec. 367; Reab v. Moor, 19 Johns. (N. Y. ) ZZ7 ; Lantry v. Parks, 8 Cow. (N. Y. ) 63; Sinclair v. Bowles, 9 Barn. & C. 92; Spain v. XArnott, 2 Starkie, 256. That such a rule in its operation may be very unequal, not to say unjust, is apparent. A party who contracts to perform certain specified labor, and who breaks his contract in the first instance, without any attempt to per- form it, can only be... made liable to pay the damages which the other party has sustained by reason of such non performance, which in many instances may be trifling; whereas a party who in good faith has entered upon the performance of his contract, and nearly completed it, and then abandoned the further performance, — although the other party has had the full benefit of all that has been done, and has per- haps sustained no actual damage, — is in fact subjected to a loss of all which has been performed, in the nature of damages for the non fulfillment of the remainder, upon the technical rule, that the contract Sec.

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