Longshore v. Maggio

FOSTER, Justice.

The question here presented in a suit by the lessee of - an apartment in Montgomery against the lessor for a failure and refusal to perform his contract by refusing to deliver possession to him as agreed, is the bearing on the subject of damages of the difference between the contract price of such lease and that of a different apartment in a different part of the city, which plaintiff leased to take the place of that which he had leased from defendant.

The court had instructed the jury in his oral charge that under certain conditions named by him the measure of damages would…