Horace Gray

“ Newton, 114 Mass, 530, decides that an absolute refusal to perform a contract, before the performance is due by the terms of the contract, is not a present breach of the contract, for which any action can be maintained; but it does not decide that an absolute refusal to perform a contract, after the time and under the conditions in which the plaintiff is entitled to require performance, is not a breach of the contract, even although the contract is by its terms to continue in the future.' 133 Mass. ”

“ The successive agreements between the parties were all made with a view to settle and compromise the plaintiff's claim against the defendant for personal injuries caused to him by the defendant's cars while he was in its service as a machinist, and seriously impairing his ability to work. By each agreement the defendant was to pay him certain wages, and to furnish him with certain supplies. The supplies to be furnished were evidently a minor consideration, and require no particular discussion. The more important matter is the wages. ”

“ In assessing the plaintiff's damages, deduction should, of course, be made of any sum that the plaintiff might have earned in the past or might earn in the future, as well as the amount of any loss that the defendant had sustained by the lose of the plaintiff's services without the defendant's fault. ”