58 N.H. 358 | N.H. | 1878
The plaintiff's husband, having a general authority from her to make sales and delivery of wood, was authorized to employ the usual and necessary means to accomplish the objects of his agency; to include, in contracts made by him, their ordinary incidents of price, quality, quantity, and time of delivery. Backman v. Charlestown,
Under a contract for services to be rendered, or goods sold to be delivered, part performance of which the other party has received the benefit, entitled one to recover the value, at the contract price, of *359
what has been done or furnished, subject to a deduction of the damage occasioned by the breach of the contract. Britton v. Turner,
The increase in the price of the wood, which the defendant was compelled to purchase in place of that not delivered, was properly admitted, and considered as an element in the estimate of the defendant's damage.
Exceptions overruled.
CLARK, J., did not sit.