In favor of A, the contract is conditional
on B's keeping his agreement to employ him. Whether A insists on
the condition or not, he is not bound to do any more. /1/ So far,
the condition works simply by way of definition. It establishes
that A has not promised to act in the case which has happened.
But besides this, for which a condition [320] was not necessary,
A may take his choice between two courses. In the first place, he
may elect to avoid the contract. In that case the parties stand
as if no contract had been made, and A, having done work for B
which was understood not to be gratuitous, and for which no rate
of compensation has been fixed, can recover what the jury think
his services were reasonably worth. The contract no longer
determines the quid pro quo. But as an alternative course A may
stand by the contract if he prefers to do so, and sue B for
breaking it. In that case he can recover as part of his damages
pay at the contract rate for what he had done, as well as
compensation for his loss of opportunity to finish it. But the
points which are material for the present discussion are, that
these two remedies are mutually exclusive, /1/ one supposing the
contract to be relied on, the other that it is set aside, but
that A's stopping work and doing no more after B's breach is
equally consistent with either choice, and has in fact nothing to
do with the matter.
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