Measure of Damages.-In a suit on the promise for quiet enjoyment the measure of damages is the loss directly sustained through the invalidity of the lease, as the expense of the void lease, and, when a valid lease has been obtained, the difference in value of the void and valid lease.*

made a contract in writing with the plaintiff, of which the following is a copy (here copy contract).

2. That he has duly performed all the conditions thereof on his part, except that, at the request of the defendant, he finished.the building with hard finish, instead of cloth and paper, for which the defendant promised to pay a reasonable sum in addition to the price named in the

contract.

3. That by the consent of the defendant the time for completing said work was extended for one month beyond the time fixed by the - contract, to wit, to the

day of

18

4. That the plaintiff on his part duly performed all the conditions of said contract as modified.

5. That the sum of Rs.

is a reasonable payment to be

made in addition to the price named in said contract for finishing the building with hard finish instead of cloth and paper.

manded of the defendant payment of the sum of Rs. amount due on said contract as modified.

7. That he has not paid the same.

Limitation.-In suits for compensation for breach of contract, express or implied, not in writing registered, and specially provided for, three years from the time when the contract is broken, or (where there are successive breaches) when the

* Lock v. Furze, 19 C. B. N. S. 96; 34 L. J., C. P., 201; 35 L. J., C. P., 141; L. R., 1 C. P. 441;

breach in respect of which the suit is instituted occurs, or (where the breach is continuing) when it ceases. In suits for compensation for the breach of a contract in writing registered, six years from the time when the period of limitation would begin to run against a suit brought on a similar contract not registered.†

and defendant entered into an agreement, of which a copy is hereto annexed (or state the tenor of the agreement).

2. That the plaintiff duly performed all the conditions of the said agreement on his part.

3. That the defendant built (or repaired) (the house) referred to in a bad and unworkmanlike manner (specify wherein the work was not properly done).

4. That in consequence of the defendant's breach of contract plaintiff had to incur an expense of Rs. (in putting the said roof

into proper condition).

Measure of Damages.—In a contract to repair a house, if the repairs are not completed according to contract, the builder is bound to pay the cost of making the repairs conform to the contract.‡

Form. No. 213.

AGAINST A BUILDER FOR NOT COMPLETING WITH SPECIAL

DAMAGE FOR LOSS OF RENT.

and defendant entered into a contract in writing, of which a copy is annexed as a part of this plaint, marked Exhibit A.

2. That the plaintiff duly performed all the conditions thereof on his part.

* Art. 115, Limitation Act, 1877.
† Art. 116, Limitation Act, 1877.
See Contract Act, 1872, s. 73, ill. ƒ.

3. That the defendant entered upon the performance of the work under said contract, but bas neglected to finish the same (state what he has neglected), and although the time for the completion of said building expired before the commencement of this suit, he neglects and refuses to complete the same.

4. That the plaintiff, on the agreement with one A B, whereby he agreed to hire, the said building for of 18 to the day of

Rs.

day of

18 made an

agreed to let, and the said AB months from the day

18, at the monthly rent of

5. That by reason of defendant's failure to complete the contract aforesaid on his part the plaintiff has been unable to give said A B occupancy thereof, and has been thereby deprived of the profits of said lease, to his damage Rs.

Measure of Damages. In a suit against a builder for not completing the building of a house by a time agreed upon, the measure of damages is the cost of finishing the building according to contract, for rent lost, and for any compensation made to a lessee for not being able to give possession.

Form No. 214.

ON A CONTRACT TO MAKE A PROPELLER SHAFT-CLAIMING SPECIAL DAMAGE.

Plaintiff states:

1. That on the day of

18 at

plaintiff and defendant mutually agreed that the defendant should make and deliver to the plaintiff on the day of 18 at the New Dock, a

new brass liner to the propeller shaft of the S.S. Asia, and a new brass stern bust for the same, both to be of the best quality and workmanship, and that 'plaintiff should pay the defendant Rs.

the same.

for

2. That, before making said agreement, the defendant had notice that the plaintiff had contracted with the owners of the said ship to repair and refit the said ship by the day of 18 and that, if the defendant should not perform his said contract, the plaintiff would be unable to perform his contract with the said owners, and would be liable to pay to them damages.

* See Contract Act, 1872, s. 73, ill. l,

3. That the new brass liner and new brass stern bust delivered by the defendant were of bad quality and workmanship, and unfit for use.

4. That the plaintiff was thereby prevented from performing his said contract with the said owners, and in a suit brought by them against him he was compelled to pay them Rs.

damages and

5. That the following are the particulars of plaintiff's claim :

Plaintiff's costs of defending the suit brought by the owners 150

Form No. 215.

BREACH OF CONTRACT TO Build and Deliver a Ship.

Plaintiff states:

1. That by a contract in writing, hereunto annexed, and marked A, dated the

day of

18 it was agreed between the plaintiff and the defendant that the defendant should make and deliver to the

plaintiff, at ship of

2. That the

any ship at all,

on the day of

tons burden, at the price of Rs.

defendant did not make and deliver such a ship, or

3. That in consequence of defendant's breach of contract plaintiff was compelled to purchase a similar ship from one A B at the price of and was also compelled to charter a similar ship in order

Rs.

to carry on his business from the

day of

day of

18, when the said A B delivered his ship.

18, to the

for specifications and models of

4. That plaintiff paid Rs. ship to be built and delivered by the defendant.

Particulars of damage:

Measure of Damages.-It has been held in England that where a ship is ordered to be made, or is left for repair, and not delivered at the agreed time, the measure of damage is primâ facie the sum which would have been earned by the ship in the ordinary course of trade since the period when it should have been delivered.

Form No. 216

BREACH OF CONTRACT TO CONTRIBUTE TOWARDS THE EXPENSE OF FLOATING A COMPANY.

Plaintiffs state:

1. That by a contract in writing hereunto attached, and marked A, dated the 18, made between the plaintiffs and

"day of

the defendant, the defendant agreed, in consideration of the allotment of shares to him, to contribute any sum not exceeding Rs. 1,000 which might be required as his share equally with each of the plaintiffs towards the expenses of floating the Company, Limited.

2. That the Company was floated, and the defendant's share of the said expenses was Rs.

3. That the shares have been allotted to him.

Wherefore plaintiff pays for decree for Rs.

thereon from the

and interest

at

AGAINST PURCHASER OF GOOD-WILL, ON A CONTRACT NOT TO CARRY ON RIVAL TRADE.

Plaintiff states:

1. That heretofore the defendant carried on the business of

tion that the plaintiff would purchase from him his shop and godowns

and the goods therein for the sum of Rs.

the said business for the sum of Rs.

and the good-will of

the defendant agreed

with the plaintiff that he would not at any time thereafter, by himself, or partner, or agent, or otherwise, either directly or indirectly, set up or carry on the business of a

within

at

or at any other place

* Fletcher v. Tayleur, 17 C. B. 21; L. J., 25 C. P. 65 ; Cory v. Thames Ironworks Co., L. R., 3 Q. B. 181.

F. P.-20