Crowninshield v. Robinson
U.S. Circuit Court for the District of New Hampshire
Assumpsit upon a special written contract for keeping 100 sheep of the plaintiff [Richard Crowninshield] for one year at a stipulated price. The breach alleged that by reason of the negligence of the defendants [David Robinson and others], &c., the sheep were greatly injured, and some died.
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Assumpsit upon a special written contract for keeping 100 sheep of the plaintiff [Richard Crowninshield] for one year at a stipulated price. The breach alleged that by reason of the negligence of the defendants [David Robinson and others], &c., the sheep were greatly injured, and some died. The cause was tried upon the general issue, and at the trial the principal controversy was as to the facts. however, contended that, if the jury should be satisfied that the plaintiff was entitled to damages, they ought to deduct from such damages the amount which, under a quantum meruit, or by the…
1Opinion of the Court
BY THE COURT.
We are fully aware of the opinions which have been entertained in the English courts upon this subject, and of the strong leaning of the later authorities in 'favor of the doctrine of the defendants’ counsel. But, in our judgment, the true rule un■der the circumstances of this case is, to estimate the full value of the plaintiff’s damages, without taking into the account the possible •claims of the defendants for the keeping of the sheep. If the defendants are entitled to ■any thing for the keeping, they may recover it in another form of action, to the extent, to which they can…
2Cited by2 opinions
- Brunson v. MartinSupreme Court of Arkansas · 1856
- Peden v. MooreSupreme Court of Alabama · 1831