Clark v. Banks
Supreme Court of Delaware
The action was trespass quare dausem fregit, and the only plea was not guilty. In the spring of 1881 Edward A. McFarland, executor of John McFarland deceased, sold at public sale, as his executor, a field of growing wheat, containing about fifteen acres, on the deceased’s farm, to Thomas T. T. Clark, the plaintiff, who afterwards rented the farm for a year from the executor for seven hundred and fifty dollars, and took possession of it as tenant on the 25th day of March in…
Read the full summary
The action was trespass quare dausem fregit, and the only plea was not guilty. In the spring of 1881 Edward A. McFarland, executor of John McFarland deceased, sold at public sale, as his executor, a field of growing wheat, containing about fifteen acres, on the deceased’s farm, to Thomas T. T. Clark, the plaintiff, who afterwards rented the farm for a year from the executor for seven hundred and fifty dollars, and took possession of it as tenant on the 25th day of March in that year. About the 1st day of July the field of wheat thereon bought by him was harvested by him, and in the fall…
1Opinion of the Court
The Court
sustained the objection, and said that a growing crop of wheat has an appoximate value, ascertainable at every stage of its growth, and which legal appraisers are often required to determine. The witness may be able to tell what he would have been willing to give for the field of wheat referred to at public sale on the day it was ploughed under in 1882. He was afterwards asked the question by the counsel for the plaintiff, and replied that he would have then given ten dollars an acre for it.
On the closing of the testimony for the plaintiff, Cooper submitted a motion for a nonsuit on…
2Cases cited8 opinions
- Barnard v. KelloggSupreme Court of the United States · 1871
- Burr v. SimSupreme Court of Pennsylvania · 1836
- Hedges v. RikerNew York Court of Chancery · 1821
- Gray v. StevensSupreme Court of Vermont · 1855
- Bull v. BullSupreme Court of Connecticut · 1809
3 more not listed; retrieve them via the Exa API.