Turner v. Affeldt
North Dakota Supreme Court
Appeal from County Court, Wells County; Fred Jansonius, J. Erom a judgment in plaintiffs favor, defendant appeals. The complaint fails to state facts sufficient to constitute a cause of action. Plaintiff cannot recover for loss or destruction of the materials he had provided. Ilis damages are limited to the profit he would have made had the contract been completed.
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Appeal from County Court, Wells County; Fred Jansonius, J. Erom a judgment in plaintiffs favor, defendant appeals. The complaint fails to state facts sufficient to constitute a cause of action. Plaintiff cannot recover for loss or destruction of the materials he had provided. Ilis damages are limited to the profit he would have made had the contract been completed. Hayes v. Cooley, 13 N. D. 204, 100 N. W. 250; Code, 7146, and cases cited; Davis v. Tubbs, 7 S. D. 488, 64 N. W. 534; Hickok v. Adams Co. 18 S. D. 14, 99 N. W. 77; Jewett v. Wilmot, 51 Neb. 700, 71 N. W. 775; Bates v. Diamond…
1Opinion of the Court
Eisk, Oh. J.
This is an appeal from a judgment of the county court of Wells county. The case was tried to a jury and a verdict returned in *240plaintiff’s favor for damages in the sum of $250, upon which, judgment was entered, and from which this appeal is prosecuted.
The -facts, briefly stated, are substantially as follows: Plaintiff seeks to recover damages from the defendant for the breach of an alleged .agreement, dated April 14, 1914, whereby the latter, for a consideration named, engaged plaintiff to install a heat and water plant in defendant’s residence, pursuant to which contract plaintiff…
2Cases cited5 opinions
- Swanson v. AndrusSupreme Court of Minnesota · 1901
- Harness v. Kentucky Fluor Spar Co.Court of Appeals of Kentucky · 1912
- Jewett v. WilmotNebraska Supreme Court · 1897
- Kreamer v. IrwinNebraska Supreme Court · 1896
- Peck-Hammond Co. v. HeifnerSupreme Court of Alabama · 1902
3Cited by1 opinion
- Glatt v. Bank of Kirkwood PlazaNorth Dakota Supreme Court · 1986