One word should be added to avoid misapprehension. When it is
said that A has done all that he promised to do in the case which
has happened, it is not meant that he is necessarily entitled to
the same compensation as if he had done the larger amount of
work. B's promise in the case supposed was to pay so much a
quarter for services; and although the consideration of the
promise was the promise by A to perform them, the scope of it was
limited to the case of their being performed in fact. Hence A
could not simply wait till the end of his term, and then recover
the full amount which he would have had if the employment had
continued. Nor is he any more entitled to do so from [321] the
fact that it was B's fault that the services were not rendered.
B's answer to any such claim is perfect. He is only liable upon a
promise, and he in his turn only promised to pay in a case which
has not happened. He did promise to employ, however, and for not
doing that he is liable in damages.
One or two more illustrations will be useful. A promises to
deliver, and B promises to accept and pay for, certain goods at a
certain time and place. When the time comes, neither party is on
hand. Neither would be liable to an action, and, according to
what has been said, each has done all that he promised to do in
the event which has happened, to wit, nothing.
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