Fernando Et Al. V. Hadjiar

Present: Pereira J. and Ennis J.

FERNANDO et al. v. HADJIAR.

144-D. C. Kalutara, 4,868.

Damages-Breach of agreement.

In an agreement between plaintiffs and defendant for digging plumbago, the latter undertook to fix up adequate machinery at the plumbago pit and pump out the water therein to enable the plaintiffs to dig out the plumbago therein. Defendant committed default, and thereupon plaintiffs sued him for the expenses incurred by them in getting together workmen and otherwise preparing to dig out plumbago in the pit and holding themselves in readiness to do so.

Held, that such expenses were recoverable as damage sustained by plaintiffs, and it was not necessary that the prospective loss and gain should be estimated.

The promises in an agreement may be so interdependent, and the terms of the agreement generally may be such, that the breach of one of the terms of the agreement by one party may induce a discharge of the whole contract.

1 (1913) 16 N. L. R. 337.

THE facts appear from the judgment.

A. St. V. Jayewardene, for the defendant, appellant.-The real test for assessing damage in this case is to find out the difference betw

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