Eckington & Soldiers' Home Railway Co. v. McDevitt
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia, entered upon tbe verdict of a jury in an action to recover damages for breach of a contract concerning land and tbe use and occupation of it.
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Hearing on an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia, entered upon tbe verdict of a jury in an action to recover damages for breach of a contract concerning land and tbe use and occupation of it. The Court in its opinion stated the case as follows: This is a suit at common law wherein the appellee, Florence McDevitt, recovered damages in the Supreme Court of the District for the breach of a contract which had been -entered into between herself and the appellant, The Eckington and Soldiers’ Home Kailway Company. The appellee owned and resided…
1Opinion of the CourtJustice Morris
The appellant has here assigned the somewhat unusual number of thirty-nine assignments' of error, of which only one has been seriously insisted on before us; and that one we regard as well settled by the authorities. It concerns the question of the measure of damages in a case like the present.
That the appellee was entitled to recover damages in this case, is too plain for argument. We do not understand it to be controverted. The execution of the contract, its performance by the plaintiff, and the breach of it by the defendant, were conclusively proved; and that something more than merely…
2Cases cited19 opinions
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Montana Railway Co. v. WarrenSupreme Court of the United States · 1890
- Clark v. . BairdNew York Court of Appeals · 1853
- Blair v. City of CharlestonWest Virginia Supreme Court · 1896
- Benjamin v. HillardSupreme Court of the United States · 1860
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