8 Port. 253 | Ala. | 1838
— The material inquiry in this case is, if one person agrees to perform certain work and labor for another, within a specified time, and that other undertakes to pay an agreed sum of money on its performance, and the work is done, though not within the stipulated time, will an action lie to recover so much as the person performing it deserved to have for his labor?
But it is objected, that the jury, in their inquiries, were restricted by the charge of the court, and were informed that the measure of damages should be the price agreed to be paid by the contract of the plaintiff.
The instructions of the judge to the jury, we think, do not authorise such an interpretation. They are explicitly informed, that “ they were authorised to find the amount specified, in tire contract;” if the work was performed substantially, as it contemplated, except, as to time. He does not say to them, that that must be the .measure of their finding-only that it may. In this, as wc have shown, there is no error. If no evidence was given, as we may well suppose, from the silence of the MU of exceptions, !" Uimimsh tin' damages the Ciitcvion-
Wc are of opinion that the judgment of the Circuit court must be affirmed.