Cleveland v. Wheeler
Alabama Court of Appeals
Appeal from Mobile Circuit Court. Heard before H'on. Samuel B. Browne. Assumpsit by Felix S. Cleveland and others, against E. M. Wheeler. From a judgment awarding plaintiff insufficient damages, he appeals. For former report of this case see 170 Ala. 426. The court, under the evidence committed grave error in giving the charge complained of.
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Appeal from Mobile Circuit Court. Heard before H'on. Samuel B. Browne. Assumpsit by Felix S. Cleveland and others, against E. M. Wheeler. From a judgment awarding plaintiff insufficient damages, he appeals. For former report of this case see 170 Ala. 426. The court, under the evidence committed grave error in giving the charge complained of. As to what is market value, see 16 Oyc. 1142; 26 819; 99 Mass. 345; 25 N. J. Eq. 144; 162 N. Y. 327; 88 Mich. 15. Where there is no standard (a market value) the damages must be ascertained by other means. — 99 Mass. 345; 41 Wis. 65; 22 Minn. 343. The…
1Opinion of the CourtThomas, J.
— The contract here sued on was set out in substance, construed, and the measure of damages for its breach determined on the former appeal reported in 170 Ala. 426, 54 South. 277, to which reference is made for a full understanding of the case. Upon the subsequent trial the only issue between the parties was one of fact as to the amount of damages recoverable under the rule of admeasurement as fixed on the former appeal referred to. The evidence was conflicting both as to the number of feet of timber on the land and the market value of it at the time of the breach by the buyer of said…
2Cases cited4 opinions
- The ConquerorSupreme Court of the United States · 1897
- Head v. HargraveSupreme Court of the United States · 1882
- Andrews v. FriersonSupreme Court of Alabama · 1905
- Wheeler v. ClevelandSupreme Court of Alabama · 1910
3Cited by6 opinions
- Commonwealth Life Ins. Co. v. HarmonSupreme Court of Alabama · 1934
- Morris v. StateAlabama Court of Appeals · 1933
- United States v. GoodloeSupreme Court of Alabama · 1920
- Morgan v. HarrisCourt of Civil Appeals of Alabama · 1975
- Carter v. StateAlabama Court of Appeals · 1917
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