Contracts of employment...........................................1358

Mitigation or enhancement of damages...............................1359

Burden of proof............................................... 1380

Employee's right to sue for future wages.............................. 1361

Employee's recovery where trial precedes the expiration of contract.......1362

Contract for a particular service..................................... 1363

Seller of goods may recover price where property has passed............1364

Recovery of price allowed in some jurisdictions where property has not passed.......................................................... 1365

Decisions under Statute of Frauds as basis of rule...................... 1366

Restriction of New York rule........................................ 1367

Rule often condemned, but just..................................... 1368

Rule thought anomalous, and opposed by some authorities..............1369

Defrauded seller may specifically enforce his rights..................... 1370

So in cases of mistake, duress, infancy, or insanity..................... 1371

So in case of unpaid seller........................................... 1372

Rescission of title by buyer........................................ 1373

Conditional sales.................................................. 1374

Executory contracts................................................ 1375

Summary of reasons for allowing seller to recover price................. 1376

The Civil law...................................................... 1377

Measure of damages for non-acceptance of goods....................... 1378

Seller's damages where goods have no market value.................... 1378

Seller's damages where he has not obtained the goods.................. 1380

Damages for failure to deliver goods when property has passed.......... 1381

Allowance of higher subsequent value................................ 1382

Buyer is entitled to the difference between the market and contract prices... 1383

Buyer's damages where there is no market price........................ 1384

Limitation of the buyer's right to recover the difference between the market price and the contract price....................................... 1385

Other cases where the buyer's damages are limited..................... 1386

Delivery of too small a quantity..................................... 1387

Deficient delivery under instalment contract.......................... 1388

Deficient delivery where contract is entire............................ 1389

Damages for delay in delivery....................................... 1390

Damages for defective quality - general rule........................... 1391

Restricted rule of damages for fraud................................. 1392

Consequential damages for breach of warranty of quality............... 1393

Further illustrations................................................ 1394

Action for breach of warranty of title................................ 1395

Damages for breach of warranty of title.............................. 1396

Damages for anticipatory breach.................................... 1307

Contract to pay a sum of money in goods............................. 1308

Contracts for the sale of land........................................ 1399

Delay in performing contract for sale of land........................ . 1400

Breach of covenants in deeds........................................ 1401

Damages for breach of covenant of warranty.......................... 1402

Landlord's right to rent............................................ 1403

Covenants in leases................................................ 1404

Contract to give a lease............................................ 1406

Negative agreements............................................... 1406

Alternative contracts............................................... 1407

Damages for failure to pay a promisee's debt.......................... 1406

Promises to indemnify.............................................. 1400

Contract to pay money............................................. 1410

Contract to lend money............................................ 1411

Nature of interest.................................................. 1412

On what claims interest is allowed as damages......................... 1413.

Interest on a penal bond............................................ 1414

Interest on quasi-contractual obligations.............................. 1415

Bate of interest.................................................... 1416

Compound interest................................................. 1417

Sec.1368. Contracts Of Employment

If an employer fails to pay the promised wages or salary after the employee has completed his services or any divisible portion of them for which separate payment was promised, the measure of damages is the amount of money which was promised. If the employee was wrongfully discharged before fully completing his service he is entitled to recover not only for any divisible portion of his promised salary which he has already earned, but for the injury caused him by not allowing him to complete his services and earn the promised reward.1 The rule of avoidable consequences here finds frequent application. The obvious consequence of this injury is the failure of the employee to receive the pay which he was promised, but on the other hand his time is left at his own disposal. If the employee remains idle the loss of his pay is actually suffered without deduction. If, however, the employee can obtain other employment he can avoid part at least of these damages. Therefore, in an action by the employee, the net amount of what he earned, or what he might reasonably have earned in other employment will be deducted from what he would have received.2 This is in effect giving to the employee the difference in value between the contract price for his labor and its value when used in other directions. The rule is therefore in effect the same as in a contract to buy and sell goods except that services of a particular man can never be regarded as having a definite market value in the same sense as standard goods have, and, therefore, the particular use which an employee is able to make of his time after breach of contract is always important, while in contracts for the sale of goods the use which the seller in fact makes of the goods is not so often material.3 Moreover, human feelings must be taken into account in contracts of employment. An employee " employed in a special service ... is not obliged to engage in a business that is not of the same general character, in order to mitigate the defendant's damages.'4

1 See supra,Sec. 1028

2 In re English Joint Stock Bank,