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This section contains the nature of the case and procedural background.

In September, P and D entered into a contract where P agreed to construct a concrete sidewalk and curb in front of D's property for the agreed price of $420, being at the rate of $3 per running foot. P was to start work within a week and complete it before cold weather. P began work on December 4th by removing a strip of land to a width of twelve feet and a depth of eight feet. P left and has done nothing toward the completion of his contract. On March 2nd of the next year, D canceled the contract. P sued for the reasonable value of the work done, which was $158.60. Judgment was rendered in favor of P for $133.68, wherein D was awarded nominal damages of $25 upon his counterclaim for the value of the earth removed by P. D appealed.

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