Spencer v. . Hamilton
Supreme Court of North Carolina
Civil action to recover rent of a farm, heard before Bynum, J., and a jury, at Spring Term, 1893, of the Superior Court of Hyde County. The defendant set up a counter-claim for breach of contract on the part of the plaintiff to have certain ditches and canal on the land cleaned out.
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Civil action to recover rent of a farm, heard before Bynum, J., and a jury, at Spring Term, 1893, of the Superior Court of Hyde County. The defendant set up a counter-claim for breach of contract on the part of the plaintiff to have certain ditches and canal on the land cleaned out. Upon the trial the defendant proposed to ask of one witness what effect the failure to clean out the ditches and canal had upon the crop, and to what extent it was damaged thereby; and of another what was the difference in the yield of the land by reason of the failure to put the ditches and canal in order and the…
1Opinion of the Court
Clark, J.:
“Where one violates his contract, he is liable only for such damages as are caused by the breach, or such, as being incidental to the act of omission or commission, as a natural consequence thereof, may reasonably be presumed to have been in the contemplation of the parties when the contract was made. This rule of law is well settled, but the difficulty arises in making its application.” Pearson, J., in Ashe v. DeRossett, 50 N. C., 299. There was evidence that defendant leased the land for $100, and as a part of the contract of leasing the lessor was to have certain ditches cleaned…
2Cases cited3 opinions
- Sledge v. . Reid, Sheriff, C.Supreme Court of North Carolina · 1875
- MacE v. . RamseySupreme Court of North Carolina · 1876
- Ashe v. . DerossettSupreme Court of North Carolina · 1858
3Cited by19 opinions
- Williams v. Telegraph Co.Supreme Court of North Carolina · 1904
- Hampton Guano Co. v. Hill Live-Stock Co.Supreme Court of North Carolina · 1915
- Johnson v. . R. R.Supreme Court of North Carolina · 1922
- Tomlinson & Co. v. MorganSupreme Court of North Carolina · 1914
- Carter v. . McGillSupreme Court of North Carolina · 1915
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