Spencer v. Davis

On Rehearing.

On original submission we held that appellant’s count for damages, wherein he alleged ownership in Mrs. Davis, the contract to sell the property, and breach of that contract, was bad on general demurrer. The general demurrer was sustained on the ground that appellant’s petition on this count stated a cause of action for nominal damages only. Against this holding the following proposition is advanced on this rehearing;

“A petition which sets out a legal cause of action for breach of contract entitles the plaintiff to at least nominal damages which carries court costs and for that…