Olmstead v. Burke
Illinois Supreme Court
This was an action on a covenant by defendant in error against plaintiff in error. No special damages are set out in the declaration. It appears that Olmstead had leased to Burke a piece of land containing twenty acres, and having a house on it which Burke had previously occupied.
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This was an action on a covenant by defendant in error against plaintiff in error. No special damages are set out in the declaration. It appears that Olmstead had leased to Burke a piece of land containing twenty acres, and having a house on it which Burke had previously occupied. That in the lease said Olmstead agreed with said Burke that he would furnish and provide him with a team of horses and tools and seed corn necessary to be used by Burke in tilling said land, and that Burke agreed to cultivate the land on shares. That Olmstead furnished the team, but that Burke used it in hauling…
1Opinion of the CourtBreese, J.
If the plaintiff in this action had been evicted from the land after his crops were planted, their value, as they stood at the time of the eviction, would be the measure of the damages. In every case where the action is for the breach of a contract, and no special damages are stated in the declaration, as in this case, the plaintiff is confined in his recovery to such damages only as naturally arise from the breach complained of; but if the damages claimed do not naturally arise from that fact, they cannot be recovered, unless they are particularly stated in the declaration, and not then if…
2Cases cited2 opinions
- Armstrong v. PercyNew York Supreme Court · 1830
- Chicago & Rock Island Rail Road v. WardIllinois Supreme Court · 1855
3Cited by20 opinions
- Brigham & Co. v. CarlisleSupreme Court of Alabama · 1884
- City of Chicago v. HuenerbeinIllinois Supreme Court · 1877
- Lindley v. DempseyIndiana Supreme Court · 1873
- Wallace v. Ah SamCalifornia Supreme Court · 1886
- Chicago West Division Railway Co. v. KlauberAppellate Court of Illinois · 1882
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