
    Thomas H. Welch, Respondent, v. Louis D. Livingston et al., Appellants.
    (Supreme Court, Appellate Term,
    November, 1900.)
    Quantum meruit — Recovery on, where performance of specific contract has been prevented by the other party.
    Where a specific contract for work, labor and services has been only partially performed because the other party prevented completion, the party aggrieved is not confined to an action for the breach but may sue on a quantum meruit for the work done.
    Appeal from a judgment of the Municipal Court of -the city of New York, second district, borough of Manhattan.
    Shafer & Levin, for appellants.
    Stake & Eckerson, for respondent.
   Per Curiam.

This action was brought to recover for work, labor and services rendered by plaintiff to the defendants, and on conflicting evidence the jury found for the plaintiff. Although it appears a specific contract had been entered into between the parties the plaintiff was not confined to an action for damages for the breach thereof. Where a contract has been partially performed, and the defendants prevent the completion thereof, the aggrieved party may sue on a quantum meruit for the work done. Farron v. Sherwood, 17 E. Y. 227. As the items allowed for the expenses in returning the machine to Baltimore have not been incurred and are not reasonably certain to be incurred, they should have been withdrawn from the consideration of the jury.

The judgment will, therefore, be reduced to $171.79, and as modified, affirmed, without costs to either party.

Present: Beekman, P. J., Giegebich and O’Gobman, JJ.

Judgment reduced to $171.79, and as modified, affirmed, without costs.  