Wm. Foerster & Co. v. Faulk-Christian Lumber Co.
Mississippi Supreme Court
Appeal from the circuit court of Creen county. HoN. Jo UN L. Buckley, Judge. Suit by Wm. Foerster & Company against the Faulk-Christian Lumber Company. From a judgment for defendant plaintiff appeals. Appellants were plaintiffs in the court below and ap-pellee was defendant. Suit was brought for breach of a contract between the parties, evidenced by a letter from plaintiffs to defendant, and marked “Accepted” by defendant.
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Appeal from the circuit court of Creen county. HoN. Jo UN L. Buckley, Judge. Suit by Wm. Foerster & Company against the Faulk-Christian Lumber Company. From a judgment for defendant plaintiff appeals. Appellants were plaintiffs in the court below and ap-pellee was defendant. Suit was brought for breach of a contract between the parties, evidenced by a letter from plaintiffs to defendant, and marked “Accepted” by defendant. Said lettér is dated November 30, 1904, and is as follows: “We confirm the conversation which we had with your Mr. Faulk to day, according to which we have bought of you,…
1Opinion of the CourtCook, J.
We can find no error in this record, except the instructions, which seem to peremptorily charge the jury to find for the plaintiffs all actual damages sustained by the breach of the contract sued on, but to find for the defendant unless the evidence convinced the jury that plaintiffs sustained some appreciable actual damages. It is evident that the contract was breached by defendant, and the jury’s verdict was to the effect that plaintiffs failed to prove actual damages; nevertheless plaintiffs were entitled to recover nominal damages, and for the trial court’s failure to so instruct the jury…
2Cited by3 opinions
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