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3 Cal. 257

Kenyon v. Goodall & Co.

California Supreme Court

Decided October 15, 1853

California Supreme Court · decided 1853-10-15

This action was founded upon a contract, made the 27th March, 1852, between the plaintiff and defendants, in which the plaintiff contracted to sell and deliver a steam-engine to defendants, and to make another to match, with force-pump, &c. (describing the machinery); all to be done and put into full operation in the quickest time possible, by the plaintiff; the defendants to pay therefor |3200, in the manner and at the times set forth.

Cited by 3 later decisions — most recently September 1958

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1853-10-15

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Heydenfeldt, Justice,

¶1delivered the opinion of the court. Murray, Chief Justice, concurred.

¶2The 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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