William Wharton, Jr., & Company (Incorporated), Appellant v. Charles F. Winch, Respondent

Summary

The Court affirmed the directed verdict for the defendant, holding that a contractor's failure to make an installment payment under a railroad construction contract does not constitute a breach of the entire contract that would allow the contractor to recover prospective profits. Because the plaintiff rescinded the contract after the defendant's default, it was not entitled to damages for lost profits.