United States for Use of Susi Contracting Co. v. Zara Contracting Co.
United States Court of Appeal for the Second Circuit
146 F.2d 606 (2d Cir. 1944)
Relevant factsFree
After discovering unexpected soil conditions during airport-extension excavation work, the subcontractors demanded additional payment, which Zara refused before wrongfully taking over and terminating their subcontract, despite a contract clause disclaiming any subsurface-condition damages claims; the subcontractors sued for the reasonable value of their services and increased excavation costs rather than suing on the contract itself.
IssueFree
Whether, in a claim for restitution after a breach of contract, the plaintiff's damages are limited by the contract price.