Taylor v. Spencer
Supreme Court of Kansas
Error from Sumner district court; Carroll L'. Swarts, judge. STATEMENT. This action was commenced in the district court of Sumner county, November 21, 1901, by the defendant in error to recover damages sustained on account of the violation of a contract. Many assignments of error have been made, but the real controversy relates to the proper measure of damages applicable under the pleadings and evidence in this case.
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Error from Sumner district court; Carroll L'. Swarts, judge. STATEMENT. This action was commenced in the district court of Sumner county, November 21, 1901, by the defendant in error to recover damages sustained on account of the violation of a contract. Many assignments of error have been made, but the real controversy relates to the proper measure of damages applicable under the pleadings and evidence in this case. The defendants reside in Geuda Springs, and own the springs of medicinal waters at that place. The plaintiff also resided in that city, and for the purpose of placing the waters…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
Twenty-five assignments of error have been presented. Those not relating to the measure of damages raise questions of fact which have been settled by the verdict and findings of the jury, and cannot be reviewed here.
The defendants insist that in any view of the case the plaintiff could recover nominal damages only. The measure of recovery adopted by the court is stated in instruction 15, which in part reads:
“If you find from the evidence in this case that after the execution of the contract introduced in evidence *156the plaintiff entered upon…
2Cases cited2 opinions
- United States v. BehanSupreme Court of the United States · 1884
- Bulkley v. United StatesSupreme Court of the United States · 1874
3Cited by3 opinions
- King Bros. v. Perfection Block Machine Co.Supreme Court of Kansas · 1910
- Cain Shoes, Inc. v. GunnSupreme Court of Kansas · 1965
- Cain Shoes, Inc. v. GunnSupreme Court of Kansas · 1965