475. Measure of damages.

475.     Measure of damages.

The measure of damages in case of breach of warranty of authority seems to be the amount that will indemnify the contractor and put him in the same position as if the act of the architect or engineer had been within his authority1. Thus the contractor would be entitled to recover the amount that would have been recoverable from the alleged principal and the costs2 which he has had to pay in the course of any litigation caused by the breach of warranty of authority3. If the warranty is fraudulent,