Legal Opinion

Burchfield v. Haffey

Supreme Court of Kansas

Decided July 15, 1885PublishedCited by 16 opinions

Error from Greenwood District Court. Action brought June 8, 1883, by C. J. Haffey against II. B. Gurnsey and others, to recover $300, with interest front October 1, 1880, at seven per cent, per annum.

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Error from Greenwood District Court. Action brought June 8, 1883, by C. J. Haffey against II. B. Gurnsey and others, to recover $300, with interest front October 1, 1880, at seven per cent, per annum. In his petition, Haffey alleged the execution of the following contract: “Witnesseth, that I, H. B. Gurnsey, have this day agreed, and by this instrument do bind myself unto C. J. Haffey, to carry the United States mail from Elk Falls to Howard, on route No. 33,239, state of Kansas, commencing on the 19th day of May, 1880, and ending on the 30th day of June, 1882, performing said services…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

Upon the trial, the court charged the jury as follows:

“If you find from the evidence that Gurnsey did not notify Haffey of his failure to comply with the terms of his contract, and that Haffey was not informed of that fact until he received notice that his contract had been canceled, the measure of his damages is the amount he would have received from the United States during the time Gurnsey was to carry the mail, according to the terms of his contract, from the time he ceased to carry the same, less the amount he was pay Gurnsey *45for…

2Cited by16 opinions

  1. McMullen v. Winfield Building & Loan Ass'nSupreme Court of Kansas · 1902
  2. City of Montpelier v. National Surety Co.Supreme Court of Vermont · 1923
  3. School District No. 3 v. DeLanoSupreme Court of Kansas · 1915
  4. Clark County v. HowardSouth Dakota Supreme Court · 1931
  5. Whereatt v. EllisWisconsin Supreme Court · 1899

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