Legal Opinion

Garsed v. Turner

Supreme Court of Pennsylvania

Decided March 4, 1872PublishedCited by 2 opinions

Error to the District Court of Philadelphia: Of July Term 1871, No. 14. This was an action on the case commenced September 15th 1869, by John B. Turner against Richard B. Garsed, Henry T. Garsed and Alfred W. Garsed,. trading as Garsed & Brothers.

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Error to the District Court of Philadelphia: Of July Term 1871, No. 14. This was an action on the case commenced September 15th 1869, by John B. Turner against Richard B. Garsed, Henry T. Garsed and Alfred W. Garsed,. trading as Garsed & Brothers. The declaration was that in consideration of the plaintiff renting from the defendants two buildings at $400 rent, to carry on dyeing and bleaching, the defendants promised to lease him the buildings, furnish him with water and the machinery in the dye-house, the plaintiff to furnish the additional machinery required, with the right at the end of…

1Opinion of the Court

The opinion of the court was delivered, by

Williams, J.

The principal question in this case relates to the proper measure of damages for the breach of the alleged contract. The District Court instructed the jury that “ if the contract was broken by the defendants, the plaintiff is entitled to be put in the same position, pecuniarily, as he would have been if the contract had been kept, regard being had to the fact that the plaintiff soon afterwards obtained other employment.” This instruction is complained of as erroneous, because, as contended, it furnished no proper rule by which to measure…

2Cited by2 opinions

  1. Dietrich v. DaviesSupreme Court of Pennsylvania · 1922
  2. Weighley v. MullerSuperior Court of Pennsylvania · 1912

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