TOMPKINS, INC. v. BRIDGEPORT

A finding if justified by the evidence must stand as made. One who has been wrongfully prevented from fulfilling his contract by the other contracting party, is entitled to recover the profits he would have realized upon the completion of the undertaking as well as expenditures reasonably incurred in its part performance.

CASE, J.

The defendant in its brief condenses its claims into these two statements: " First: Upon the evidence, the court was not justified in finding or holding that the plaintiff was ready and willing to go forward with the construction of the bridge in accordance with the plans and specifications. . . . Second: That even if the city was technically wrong in its method of terminating the contract, yet all that the plaintiff could reasonably ask was his actual outlay."

There was evidence justifying the findings as made and they must stand. The true measure of damages was recognized, and its application to the facts found was correct, for reasons which are discussed in the opinion rendered in the companion case between the same parties, ante, p. 659, and upon the authorities there cited.