96 Mass. 407 | Mass. | 1867
The plaintiff proposed to the defendants by letter to engage as their superintendent for a stated salary “ and expense of passage to the mines.” They voted to employ him
1. As to his salary; the statement in the contract that it is payable in specie does not alter the amount due. The case of Wood v. Bullens, 6 Allen, 516, has been too frequently affirmed to require further discussion of this point. See Howe v. Nickerson, ante, 400, and cases cited.
2. As to his expenses in going out; he is entitled to charge the amount of currency expended by him in buying gold to pay these expenses.
3. He is not entitled under the contract to charge the expenses incurred in returning home. If anything is to be allowed in this respect, it is to be included in the damages for the breach of the contract.
4. The damages for the breach of the contract are to be estimated in the currency in which the defendants have a right to pay it. As to the rule of damages, it must be so adapted to the circumstances of each particular case as to approximate as nearly as possible to a just compensation for the actúa, injury which the plaintiff has suffered. Revere v. Boston Copper Co. 15 Pick. 351. The compensation he was to receive is one of the .elements to be considered, for that is the limit of what he would have received if he had been retained. But no premium is to be allowed upon it because it was payable in