Where property sold is defective, the measure of damages is the difference in value between it, as it is in fact and as it ought to have been. (3 Barb. 424; Sedg. on Damages, 287, 289, 290; 2 Greenl. Ev. 266, sec. 262.)
JUDGES: Heydenfeldt, Justice, delivered the opinion of the Court. Murray, Chief Justice, concurred.
OPINION
HEYDENFELDT, Judge
The 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 by 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.