Porter & McMillan v. Burkett, Murphy & Burns
Texas Supreme Court
Error from Tyler. Tried below before the Hon. W. H. Ford. This suit was instituted, in the district court of Tyler county, September 2, 1882, by Porter & McMillan against Burkett, Murphy & Burns, for damages for breach of contract.
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Error from Tyler. Tried below before the Hon. W. H. Ford. This suit was instituted, in the district court of Tyler county, September 2, 1882, by Porter & McMillan against Burkett, Murphy & Burns, for damages for breach of contract. The plaintiff’s amended original petition, filed December 18, 1882, alleged that on May 19, 1882, defendants were engaged in the construction of the Sabine and East Texas railroad, in Tyler county, and, on that date, entered into a contract with plaintiffs for the hire and services of “four mule teams,” with the necessary implements and teamsters, to be furnished…
1Opinion of the Court
Willie, Chief Justice.
The petition set forth a good cause of action, as it alleged a breach of contract on the part of the appellees, without default of the appellant; and, under its allegations, the latter were entitled to recover some damages for the injury they had thereby suffered. 2 Suth. on Dam., 521; Black v. Woodrow, 39 Md. 194.
We do not think, however, that the measure of damages claimed in the petition is correct. A person who is stopped in the performance of a contract, by the default or direction of his employer, is entitled to compensation for the losses he sustains;. but he is…
2Cases cited1 opinion
- Black v. WoodrowCourt of Appeals of Maryland · 1874
3Cited by49 opinions
- Maynard v. Royal Worcester Corset Co.Massachusetts Supreme Judicial Court · 1908
- City of San Antonio v. TalericoTexas Supreme Court · 1904
- Morgan v. YoungCourt of Appeals of Texas · 1947
- Osage Oil & Refining Co. v. Lee Farm Oil Co.Court of Appeals of Texas · 1921
- Texas Motor Coaches, Inc. v. Railroad CommissionCourt of Appeals of Texas · 1931
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