Calvit v. McFadden
Texas Supreme Court
Appeal from Brazoria. This was an action to recover damages for the breach of a contract to deliver cattle. The price had been paid in advance; and the question was as to the measure of damages which the plaintiff was entitled to recover for the refusal to deliver according to contract.
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Appeal from Brazoria. This was an action to recover damages for the breach of a contract to deliver cattle. The price had been paid in advance; and the question was as to the measure of damages which the plaintiff was entitled to recover for the refusal to deliver according to contract. The Court ruled that the plaintiff was entitled to recover, not only the highest market value of the cattle up to the time of the trial, but also the value of their natural increase, and for improvements made and labor expended in view of his purchase, in procuring a place and building pens for the cattle, and…
1Opinion of the CourtWheeler, J.
There is nothing in this case to take it out *325of the ordinary rules which regulate the measure of damages for the breach of contracts for the delivery of chattels. The general rule is well settled, that in a suit by the vendee for the breach of the contract to deliver, where no money has been advanced, the measure of damages is the value of the article at the time and place of delivery. But what the rule should be in a case like the present, where the contract has been partially executed by the payment of the price in advance, and whether it should be different from the case where nothing has…
2Cited by36 opinions
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- Jones v. GeorgeTexas Supreme Court · 1884
- Houston & T. C. R'y Co. v. HillTexas Supreme Court · 1885
- Houston & T. C. R'y Co. v. JacksonTexas Supreme Court · 1884
- Grand Prairie Gravel Co. v. Joe B. Wills Co.Court of Appeals of Texas · 1916
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