| Cal. | Oct 15, 1853

Heydenfeldt, Justice,

delivered the opinion of the court. Murray, Chief Justice, concurred.

The referee erred in his estimate of the damages. The loss of time, value of services, and wages of employees, caused by the failure of the respondents to perform their contract, are damages *260by no means remote, but on the contrary strictly proximate and immediate. They ought to have been considered and allowed. The judgment is reversed, and the cause remanded.

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