Kempner v. Heidenheimer
Texas Supreme Court
Error from Galveston. Tried below before the Hon. Wm. H. Stewart. This suit was brought by H. Kempner, plaintiff in error, against Isaac Heidenheimer, defendant in error, for recovery of $25,000 damages, claimed by reason of a breach of contract of sale by the former to the latter, of his half interest in what is known as the Tremont Hotel property, consisting of seven lots, in block four hundred and forty-three, in the city of Galveston, Texas, the five-story, brick…
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Error from Galveston. Tried below before the Hon. Wm. H. Stewart. This suit was brought by H. Kempner, plaintiff in error, against Isaac Heidenheimer, defendant in error, for recovery of $25,000 damages, claimed by reason of a breach of contract of sale by the former to the latter, of his half interest in what is known as the Tremont Hotel property, consisting of seven lots, in block four hundred and forty-three, in the city of Galveston, Texas, the five-story, brick building thereon, together with all the household and kitchen furniture ; also, bar fixtures, office furniture, billiard…
1Opinion of the Court
Robertson, Associate Justice.
The measure of damages for breach of contract of sale of land by the purchaser, is the difference between the contract price and the salable value. This value may be fixed by a fair resale, after notice to the party, to be bound by the price as the value, within a reasonable time after the breach. What is a reasonable time is a question of fact, varied by the circumstances of each case. The lapse of snch period as would give room for fluctuations in the market in the ususal order of things, or of such as would authorize the inference that the vendor had elected…
2Cited by29 opinions
- Goldman, Mark & Caroline v. Olmstead, Jeffrey & Summer, Sandra Hewett, NRT Texas, LLC, Texas Court of Appeals, 5th District (Dallas)2013
- Goff v. JonesTexas Supreme Court · 1888
- Barry v. Jackson, Texas Court of Appeals, 3rd District (Austin)2010
- Eberling v. VereinTexas Supreme Court · 1888
- Green v. AnsleySupreme Court of Georgia · 1893
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