Houser v. Pearce
Supreme Court of Kansas
M'ror from Crawford District Court. Action by Pearce against Houser and another, to recover damages for an alleged breach of contract. Verdict and judgment for plaintiff, at the September Term 1873 of the district court, and the defendants bring the case here. The opinion, infra, contains a sufficient statement of the facts and proceedings. The petition simply calls for simple damages, without setting out any special damages whatever.
Read the full summary
M'ror from Crawford District Court. Action by Pearce against Houser and another, to recover damages for an alleged breach of contract. Verdict and judgment for plaintiff, at the September Term 1873 of the district court, and the defendants bring the case here. The opinion, infra, contains a sufficient statement of the facts and proceedings. The petition simply calls for simple damages, without setting out any special damages whatever. Now we contend that under this pleading, (and we asked the court to so instruct the jury,) that all the plaintiff below could possibly recover would be, the…
1Opinion of the Court
*106The opinion of the court was delivered by
Brewer, J.:
Defendant in error recovered a judgment in the district court of Crawford county for damages, for breach of a contract to cut, bind and stack certain oats. This judgment plaintiffs in error now seek to reverse. The testimony is not preserved, and but a single question is presented, and that upon the refusal of an instruction as to the measure of damages. Plaintiffs in error asked the court to charge that the measure of damages was the difference between the contract price and what it would have cost to have gotten the same work done by other…
2Cited by10 opinions
- Jones v. GeorgeTexas Supreme Court · 1884
- Skagit Railway & Lumber Co. v. ColeWashington Supreme Court · 1891
- City of Chickasha v. HollingsworthSupreme Court of Oklahoma · 1916
- Hayes v. CooleyNorth Dakota Supreme Court · 1904
- Den Bleyker v. GastonMichigan Supreme Court · 1893
5 more not listed; retrieve them via the Exa API.