Warner v. Bacon
Massachusetts Supreme Judicial Court
Two actions of contract upon one agreement in writing, dated December 8th 1854, between Samuel Bacon of Binghampton, N. Y., and Levi B. Warner of Brooklyn, N. Y., for the sale by Bacon to Warner of land in Egremont, with a dwelling-house and barn thereon, and including a wood lot, for the price of $3500, for $2000 of which Bacon should receive a house and lot in Brooklyn, N. Y., and the residue in certain stock and a note for $500; the respective deeds to be made and…
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Two actions of contract upon one agreement in writing, dated December 8th 1854, between Samuel Bacon of Binghampton, N. Y., and Levi B. Warner of Brooklyn, N. Y., for the sale by Bacon to Warner of land in Egremont, with a dwelling-house and barn thereon, and including a wood lot, for the price of $3500, for $2000 of which Bacon should receive a house and lot in Brooklyn, N. Y., and the residue in certain stock and a note for $500; the respective deeds to be made and delivered by the 20th of January 1855. In December 1854 Warner performed his part of the agreement, and Bacon accepted the deed…
1Opinion of the CourtMetcalf, J.
The judge rightly excluded evidence of the four matters of damage which the plaintiff offered to prove. Without inquiring whether they would, under any form of declaration, have been legal grounds of damage, it is sufficient for the decision of this case, that they were not the necessary consequences of the defendant’s breach of agreement, which are implied by law; and were not alleged in the declaration. Nor were they consequences which (in the language sometimes used by judges) “ in all probability ” might follow, or would be “ very likely to follow,” from that breach. See Richardson v.…
2Cases cited5 opinions
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- Gage v. GannettMassachusetts Supreme Judicial Court · 1814