Johnson v. Feyrirsen

<p>Abstract of the Decision.</p> <p>1. Set-off and kecoupment, § 18*—when owner of building may recoup damages for delay in action by contractor. Where a defendant claims damages by reason of delay in the performance of a building contract, whereby such defendant has been deprived of the use of the building, he may recoup the same in a suit against him by the contractor.</p> <p>2. Damages, § 66*—what is measure of for delay in performance of building contract. The measure of damages for delay in performance of a building contract which the owner may recoup in a suit against him by the contractor is the fair rental value from the time when the premises should have been completed under the terms of the contract until the time of completion.</p>