Legal Opinion
Curran v. Smith-Zollinger Co.
Court of Chancery of Delaware
Decided December 7, 1931PublishedCited by 5 opinions
1Opinion of the Court
The Chancellor:
The claimants have elected to demand damages rather than rent as it falls due.
The exceptions raise first a question of law. It is—what is the rulé for measuring dámages in a case where the lessee has repudiated the lease and the lessor has refused to recognize its termination ? The general rule in such case is that the damages are to be measured by the difference between the rent stipulated in the lease and the fair rental value for the balancé of the term. Monger v. Lutterloh, 195 N. C. 274, 142 S. E. 12; Womble v. Leigh, 195 N. C. 282, 142 S. E. 17. In Bradbury v. Higginson,…
2Cases cited8 opinions
- Bradbury v. HigginsonCalifornia Supreme Court · 1912
- Monger v. . LutterlohSupreme Court of North Carolina · 1928
- People v. . St. Nicholas BankNew York Court of Appeals · 1897
- Oldfield v. Angeles Brewing & Malting Co.Washington Supreme Court · 1911
- Brown v. HayesWashington Supreme Court · 1916
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Connecticut Railway & Lighting Co. v. PalmerSupreme Court of the United States · 1939
- Chavin v. H. H. Rosin & Co.Supreme Court of Delaware · 1968
- W & G Seaford Associates, L.P. v. Eastern Shore Markets, Inc.District Court, D. Delaware · 1989
- Quinn v. JaloffCourt of Appeals for the Ninth Circuit · 1934
- Reybold Venture Group v. Tesla Industries, Inc.Superior Court of Delaware · 2025