28 Fla. 82 | Fla. | 1891
An examination of tlie bill of complaint filed in this cause shows that appellees claim and sue for seventeen hundred and sixty-nine dollars and fifty-nine cents, due from appellant for work and labor performed in the construction of its railroad. In the prayer of the bill the specific relief asked in reference to compensation, or a money demand, is that appellees have a decree for said sum as balance due for work and labor performed on appellant’s road, and that the same be sold to pay the said sum. The bill sets up a contract, and after averring its performance, or an offer to perform, on the part of appellees, alleges a violation thereof in several particulars on the part of appellants. The amount of the damages resulting from the alleged breaches of said contract is not mentioned, but after alleging the particulars wberhn appellant failed to comply, it is distinctly averred that appellant was due appellees seventeen hundred and sixty-nine dollars and fifty-nine cents for work and labor done on its railroad. It is plain that the amount claimed and demanded in the bill for work and labor was seventeen hundred and sixty-nine dollars and fifty-nine cents. A decree was rendered in the Circuit Court for the sum of two thousand eight hundred and thirty-five dollars and forty-four cents for work and labor performed on appellant’s road, besides the additional sum of five-hundred and seventy-five dollars and sixteen cents
The testimony in the record before ns is very voluminous, and we will not undertake to discuss all of it. In fact it is not our purpose to express any opinion as to its effects on the question of the demand for work and labor performed; but a reference to a portion of it bearing- on the question of damages for violating the contract will show the application of the principle to the huffs of this case. The contract alléged in the bill is that appellees were to furnish two hundred Italian laborers for live months to do grade work on appellant’s railroad, the right of way over which was to be cleared, and said laborers were to have continuous work for five months and to be paid therefor as the work progressed upon the completion or ten stations, at the rate of thirteen cents per cubic yard for dry dirt, and sixteen cents per cubic yard for wet dirt. It is admitted in the answer, that there was an agreement for appellees to furnish two hundred laborers to work on said railroad at the price, and payable as alleged in the bill, but the special contract to furnish work for said laborers, or any number of laborers that appellees might furnish, for five months, is expressly denied. The testimony shows that one of the appellees, Orlando Hartóla, visited the railroad and saw it before the work of grading by appellees was commenced, and that he remained with the laborers on the work up to the time that they abandoned it, which was about two months after the beginning of
For the errors pointed out the decree is revei'sed,.and the cause remanded with directions that such further proceedings be had herein as may be consistent with equity.