Boyer v. Cox
Nebraska Supreme Court
Error to the district court for Lancaster county. Tried below before Chapman, J. cited, as to the measure of damages: McCormick Har.
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Error to the district court for Lancaster county. Tried below before Chapman, J. cited, as to the measure of damages: McCormick Har. Co. v. Jensen, 29 Neb., 102; Benj., Sales, 1335; Sleuter v. Wallbaum, 45 111., 44; Burnham v. Roberts, 70 Id., 19; Wise v. Foster, 62 la., 114; Parsons v. Sutton, 66 N. Y., 92; Chadwick v. Butler, 28 Mich., 349; Gray'v. Hall, 29 Kan., 704; Marsh v. McPherson, 105 U. S., 709. cited, contending for the rule allowing special damages: Benj., Sales, 1336; Messmore v. Shot & Lead Co., 40 N, Y., 422; Griffen v. Colver, 16 Id., 489.
1Opinion of the Court
Maxwell Ch. J.
This is an action for breach of contract. The contract is as follows:
“This is an agreement between Geo. W. Boyer and Geo. E. Cox, in which Geo. W. Boyer agrees to sell to Geo. E. Cox 3,000 bushels of corn, to be delivered at the yards of the F., E. & M. Y. R. R. at Lincoln; 1,000 bushels or more of said corn to be delivered in November, 1887, and the *814balance in December, 1887; and Geo. E. Cox agrees to pay to Geo. W. Boyer twenty-nine cents per bushel for the-3,000 bushels of corn, with a note signed by him, and payable to said Geo. W. Boyer, and said note to be given January 1,…
2Cases cited27 opinions
- Dana v. . FiedlerNew York Court of Appeals · 1854
- Parsons v. . SuttonNew York Court of Appeals · 1876
- Marsh v. McPhersonSupreme Court of the United States · 1882
- Wells v. AbernethySupreme Court of Connecticut · 1824
- Harrison v. . GloverNew York Court of Appeals · 1878
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