New York Court of Appeals

Clark vs. the Mayor, &C. of New York

December 5, 18504 N.Y. 338

Summary

The New York Court of Appeals reversed the Supreme Court judgment, holding that the lower referees erred in both the plaintiff's right to recover under a quantum meruit claim and the method they used to assess damages. The court explained that when an employer unlawfully terminates a public‑work contract, the contractor may recover the actual value of the work performed, not speculative profits or the contract price applied to the whole project.