Atchison, Topeka & Santa Fe Railway Co. v. Butler

Mr. Judge TAYLOR

of the Commission of Appeals delivered the opinion for the court.

The disposition made of this case by the Court of Civil Appeals (89 S. W. (2d) 791) is correct. We are not in accord, however, with the statement in the opinion to the effect that in Missouri K. & T. Ry Co. v. Belcher, 89 Texas, 428, 35 S. W., 6, the rule, that in order to recover special damages for breach of contract it is incumbent upon plaintiff to show that at the date of the contract the defendant had notice of the special conditions rendering such damages the natural and probable result of the breach, was…