JUDGMENT

1. This is an appeal by the plaintiff whose suit for price of work done and for damages, together with interest, has been decreed in a modified form against the defendants, the B.N. Ry. Co. Ltd. The plaint is not quite artistically drawn, but the plaintiff's case, put quite shortly, was as follows: in February 1920 the defendant company gave the plaintiff contract work in connexion with the construction of the Talchar Coal Field Railway for a portion designated as from change 314 to 330; that the plaintiff commenced work under the contract and continued to do so till 11th September 1924; that before the date last mentioned the work from chainage 324 to 330 was suspended pending decision of a proposed change in the plan; that by that date the earthwork in chainage 314 to 315 had been almost completed, while that from chainage 315 to 324 had been partially completed, the total work done in chainages 314 to 324 being two-thirds of what had been proposed; that on the said 11th September 1924 the defendants stopped the work which the plaintiff was doing, but at the same time required him to maintain an efficient arrangement so that, when necessary, he might resume the work or ta