Collins v. Stephens
Supreme Court of Alabama
Appeal from the City Court of Lee. Tried before tbe Hon. John C. Meadobs. Action was brought by Terry Collins, appellant, against Thomas J. Stephens, appellee.
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Appeal from the City Court of Lee. Tried before tbe Hon. John C. Meadobs. Action was brought by Terry Collins, appellant, against Thomas J. Stephens, appellee. The complaint contained five counts; the first and second counts being for damages to the mill leased and for breach of an agreement to run the mill at defendant’s expense, and pay one-fourth of the lumber sawed; the third, for goods, wares and merchandize; the fourth, for money paid, by request ; and the fifth, for money due by account stated. The defendant pleaded in short the general issue; performance of contract, and a set-off.…
1Opinion of the Court
STONE. J.
The 13tli charge asked should not have been given. Tbe measure of damages in a suit for tbe breach of a contract, sucb as that described in tbe complaint, is tbe injury which results proximately from tbe breach. And whether tbe parties, at tbe making of tbe contract, contemplated, or bad in view tbe damages to result from a breach of sucb contract, or not, does not, in tbe least, vary tbe question, or tbe measure of recovery. Tbe facts being ascertained, tbe law, and not tbe contemplation of the parties, declares tbe measure of damages.
Tbe testimony tends to show there were two…
2Cited by3 opinions
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- Cato v. WilliamsonSupreme Court of Alabama · 1923
- Southern Railway Co. v. LewisSupreme Court of Alabama · 1910