Heilman v. Pruyn
Michigan Supreme Court
Error to Kent; Grove, J. Assumpsit by Albert Heilman against John Pruyn for breach of warranty on a sale of fruit trees. From a judgment for plaintiff, defendant brings error. Plaintiff purchased of defendant, in 1895, 200 peach trees, and, in 1896, 100 peach trees, under an agreement that they were to be Late Crawfords and Smocks, unless the variety ordered could not be supplied, in which event defendant agreed to furnish- other varieties equally desirable.
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Error to Kent; Grove, J. Assumpsit by Albert Heilman against John Pruyn for breach of warranty on a sale of fruit trees. From a judgment for plaintiff, defendant brings error. Plaintiff purchased of defendant, in 1895, 200 peach trees, and, in 1896, 100 peach trees, under an agreement that they were to be Late Crawfords and Smocks, unless the variety ordered could not be supplied, in which event defendant agreed to furnish- other varieties equally desirable. The trees were furnished, set out, and taken care of. Plaintiff gave evidence tending to show that most of the trees came into bearing…
1Opinion of the CourtGrant, C. J.
(after stating the facts). 1. What is the measure of damages ? This is the principal question. Defendant contends that the rule of damages is the money paid out for the trees, the cost of setting out and caring for them up to the time of the suit, and the use of the land which they were occupying. The court instructed the jury that the measure of damages was the value that would have been added to the premises if the trees had been of the varieties ordered. We think the court announced the correct rule. “The primary purpose of awarding damages is actual compensation to the party injured,…
2Cases cited5 opinions
- White v. . MillerNew York Court of Appeals · 1877
- Montgomery v. LockeCalifornia Supreme Court · 1887
- N. & W. R. R. v. BohannonSupreme Court of Virginia · 1888
- United States v. TaylorUnited States Circuit Court · 1888
- Stoner v. Texas & Pacific Railway Co.Supreme Court of Louisiana · 1893
3Cited by4 opinions
- Grisinger v. HubbardIdaho Supreme Court · 1912
- Angell v. PruynMichigan Supreme Court · 1901
- Long v. PruynMichigan Supreme Court · 1901
- Waldteufel v. Pacific Vineyard Co.California Court of Appeal · 1907