
    No. 146
    AMERICAN ENGINEERING v. INTERNATIONAL STEEL CO.
    Ohio Court of Appeals, Lucas County
    No. 1275,
    Jan. 29, 1923
    This Opinion Has Been Published in The Abstract Only
    DAMAGES — (1) Not limited to loss of profit in breach of contract.
    Error to Court of Common Pleas
    Attorneys — Wm. F. Miller and John S. Pratt, for the Engineering Co.; Lewis B. Hall and W. B. Devlin, for the Steel Co.
   RICHARDS, J.:

The Steel Co. had a written contract with the Engineering Co. by the terms of which the Steel Co. was to manufacture certain structural steel in accordance with specifications for the price of $11.486. The Steel Co. proceeded to, fabricate over 64,000 pounds of steel, cutting some of it into pieces which were of little value unless used by the Engineering Co. Expensive drawings were also made which were of no value unless the contract was carried out. The evidence shows that the Steel Co. would have made a profit of $831 if the contract had been completed. Damages were given the Steel Co. in the lower court for $5361, which amount is claimed by the Engineering Co. to be excessive. Held:

1. Damages for breach of contract are not confined to the loss of profit which the seller expected to make, but may include the loss and necessary expense incurred in the partial performance of the contract.  