Coffee
Coffee v. Meiggs
Opinion
Lead Opinion
Norton, J.
This áction is brought by the plaintiff, CoSee, to recover the amount specified in a contract, made between Mm and the defendant, by the terms of which, Coffee was to make such alterations in the engine of a steam boat, belonging to defendant, that she would make twelve knots an hour. The nature of this alteration was not specified, being left entirely to the discretion of the plaintiff, who was to do something to produce the above result upon her speed, for attaining *249 .which end) he was to receive UlOCO. It. was in proof that the defendant interrupted Coffee 1b the esecmtka ©i the contrast, and prevented Ms terminating it.
Ordinarily, a person who contraéis to perform a particular piece of work, such as the building of a house, the "grading or paving of a street, or anything else, the cost of which cam he ascertained, and who is prevented' by Ms employer, doing or completing the work, is entitled to recover the profit he could have made. But in a ease like the present, where no particular thing is contracted to be done, but only a result to be producedj where the mode and maimer of doing the work, and the materials to be used, depend entirely upon the judgment and discretion…