Jackson v. Washington, Baltimore, & Annapolis Electric Railway Co.
District of Columbia Court of Appeals
Hearing on an appeal by tbe plaintiff from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action for tbe breach of a contract of sale.
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Hearing on an appeal by tbe plaintiff from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action for tbe breach of a contract of sale. The Court in the opinion stated the facts as follows: This is an appeal from a decision of the supreme court of the District of Columbia, which was based upon the theory that the measure of damages for a breach by appellee, the Washington, Baltimore, & Annapolis Electric Railway Company, a corporation, of a contract whereby appellant, E. Hilton Jackson, trustee of the estate of Henry N. Girard, a bankrupt, was to furnish…
1Opinion of the CourtJustice Robb
There are but two assignments of error, both relating to the court’s instruction to the jury as to the measure of damages. Since the question as to whether the appellee was guilty of a breach of the contract was submitted to the jury at the instance of the appellee, it is estopped to deny the propriety of *46such submission. Capital Traction Co. v. Brown, 29 App. D. C. 473, 12 L.R.A. (N.S.) 831, 10 A. & E. Ann. Cas. 813; Steven v. Saunders, 34 App. D. C. 321. We are here concerned, therefore, with the single question of the correctness of the court’s instruction as to the measure of damages.
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2Cases cited8 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Hinckley v. Pittsburgh Bessemer Steel Co.Supreme Court of the United States · 1887
- Kingman & Co. v. Western Mfg. Co.Court of Appeals for the Eighth Circuit · 1899
- Tufts v. WeinfeldWisconsin Supreme Court · 1894
- Yellow Poplar Lumber Co. v. ChapmanCourt of Appeals for the Fourth Circuit · 1896
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