Terry v. Eslava
Supreme Court of Alabama
Error from Mobile Circuit Court — Before the Hon. Sion L. Perry. In this case, Eslava brought an action of trespass on the case, against Terry, for using certain presses in compressing cotton, in the city of Mobile, in violation of a contract made between the parties. The plaintiff below, had paid the defeu-dar.t twelve hundred dollars, for refraining from the use of these presses.
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Error from Mobile Circuit Court — Before the Hon. Sion L. Perry. In this case, Eslava brought an action of trespass on the case, against Terry, for using certain presses in compressing cotton, in the city of Mobile, in violation of a contract made between the parties. The plaintiff below, had paid the defeu-dar.t twelve hundred dollars, for refraining from the use of these presses. A question arose as to the criterion of damages.- The court instructed the jury that, if they believed the contract had been violated, the consideration money constituted the measure of damages. To this opinion of…
1Opinion of the Court
By Mr. Justice Thorn-ton :
This was an actios of trespass on the case, brought by writ of error from the’Circuit Court of Mobile county; and the error presented for our consideration, is the charge of the court as contained in the bill of exceptions, respecting the *276criterion of damages. These are alleged to have accrued • from the breach of a parol contract, whereby the plaintiff in ’ error, inter alia, bound himself, in consideration of a certain sum of money, which seems to have been paid, not to use, or permit to be used, certain presses for compressing cotton, in the city of Mobile. It was…
2Cited by4 opinions
- Bradford & Carson v. Montgomery Furniture Co.Tennessee Supreme Court · 1905
- The Vendo Co. v. StonerAppellate Court of Illinois · 1969
- Stewart v. Challacombe & RamseyAppellate Court of Illinois · 1882
- Lobman v. SawyerAlabama Court of Appeals · 1954