Kennerly v. B. F. Avery & Sons Plow Co.
Court of Appeals of Texas
1DissentHall, C. J.
I agree that the judgment in this case should be reversed, but I find myself unable to agree with the other members of the court in the principles of law declared by them. I think the trial court has applied the proper measure of damages, under the facts disclosed by the record. There is nothing in the case to take it out of the general rule which fixes the measure of damages as the difference between the actual rental or market value and the rent reserved in the lease, with such additional damages as accrued to appellee incident to the removal of its stock of goods.
Profits are ox-dinarily…
2Cases cited30 opinions
- Mack v. . PatchinNew York Court of Appeals · 1870
- The Mayor, C., of New-York v. . MabieNew York Court of Appeals · 1855
- Whitehead v. FoleyTexas Supreme Court · 1858
- Rogers v. McGuffeyTexas Supreme Court · 1903
- Moser & Son v. Charles E. Tucker & Co.Texas Supreme Court · 1894
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