Clark v. Marsiglia
N.Y.
Citation analytics
How this case sits in the citation network, derived from CiteLaw's graph of published opinions.
Citations by decade
Courts citing this case
Most recently cited by10
- 1963Gasparini Excavating Co. v. Pennsylvania Turnpike Commission Pa.
- 1958Gaylord Builders, Inc. v. Richmond Metal Mfg. Corp. Pa. Super. Ct.
- 1937Harris Structural Steel Co. v. Chapman N.Y. Mun. Ct.
- 1935Henry Shenk Co. v. Erie County Pa.
- 1933Superior Incinerator Co. v. Tompkins Tex. Comm'n App.
- 1918King v. Rhodes D.C. Cir.
- 1913Alvey-Ferguson Co. v. Ernst Tosetti Brewing Co. Ill. App. Ct.
- 1913Caldwell v. Donaghey Ark.
- 1910Doherty v. Schipper & Block, Inc. Ill. App. Ct.
- 1908Ware Bros. v. Cortland Cart & Carriage Co. N.Y.
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Opinion
Clark vs. Marsiglia.
Attorneys
- C. P. Kirkland, for the plaintiff in error,
- A. Taber, for the defendant in error.
The question does not arise as to the right of the defendant below to take away these pictures, upon which the plaintiff had performed some labor, without payment for what he had done, and his damages for the violation of the contract, and upon that point we express no opinion. The plaintiff was allowed to recover as though there had been no countermand of the order; and in this the court erred. The defendant, by requiring the plaintiff to stop work upon the paintings, violated his contract, and thereby incurred a liability to pay such damages as the plaintiff should- sustain. Such damages would include a recompense for the labor done and materials used, and such further sum in -damages as might, upon legal principles, be assessed for the breach of the contract: but the plaintiff had no right, by obstinately persisting in the work, to make the -penalty upon the defendant greater than it would otherwise have been.
To hold that one who employs another to do a piece of work is bound to suffer it to be done at all events, would sometimes lead to great injustice. A man may hire another to labor for a year, and within the year his situation may be such as to render the work entirely useless to him. The party employed cannot persist in working, though he is entitled to the damages consequent upon his disappointment. So if one hires another to build a house, and subsequent events put it out of his power to pay for it, it is commendable in him to stop the work, and pay for what has been done and the damages sustained by the contractor. He may be under a necessity to change his residence ; but upon the rule contended for, he would be obliged to have a house which he did not need and could not use. In all such cases the just claims of the party employed are satisfied when he is fully recompensed for his part performance and indemnified for his loss in respect to the part left unexecuted ; and to persist in accumulating a larger demand is not consistent with good’ faith towards the employer. The judgment must be reversed, and a venire de novo awarded.
Judgment reversed.