Lester v. Fox Film Corporation
Supreme Court of South Carolina
Before Townsend, J., Richland, May term. 1919. Action by L. T. Lester, Jr., doing business as Rivoli Theatre, against Fox Film Corporation for fraudulent breach of contract. From verdict of $1.00 for plaintiff, the plaintiff appeals. cite: Urror to hold that only nominal damages recoverable for breach of contract: 81 S. C. 181; 75 S. C. 58; 77 S. C. 182; 53 S. C. 378; 110 U. S. 338; 28 T. Ed. 168; 4 Sup. Ct.
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Before Townsend, J., Richland, May term. 1919. Action by L. T. Lester, Jr., doing business as Rivoli Theatre, against Fox Film Corporation for fraudulent breach of contract. From verdict of $1.00 for plaintiff, the plaintiff appeals. cite: Urror to hold that only nominal damages recoverable for breach of contract: 81 S. C. 181; 75 S. C. 58; 77 S. C. 182; 53 S. C. 378; 110 U. S. 338; 28 T. Ed. 168; 4 Sup. Ct. Rep. 81. Uncertainty of amount does not make damages speculative: 70 S. C. 13; 103 S. C. 467. Punitive damages recoverable: 70 S. C. 108; 96 S. C. 240; 90 S--C. —; 90 S. C. 366. Court…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
The action is for damages for the breach of a contract; the Court left it to the jury to find if there had been a contract, .and instructed the jury that only nominal damages had been proven, and the jury returned a verdict for the plaintiff for$l.
There are 16 exceptions by the plaintiff and 5 by the defendant, but the briefs discuss only three questions, to wit: (1) Was there a contract? (2) Was it broken with fraudulent intent? (3) Was there a substantial damage? We are content to say that there was plainly a contract by the…
2Cases cited1 opinion
- Beach v. JohnsonMississippi Supreme Court · 1912
3Cited by13 opinions
- Charles v. Texas Co.Supreme Court of South Carolina · 1942
- SC FINANCE CORP. OF ANDERSON v. West Side Finance Co.Supreme Court of South Carolina · 1960
- Coleman v. LevkoffSupreme Court of South Carolina · 1924
- Gaines W. Harrison & Sons, Inc. v. JI Case CompanyDistrict Court, E.D. South Carolina · 1960
- John D. Hollingsworth on Wheels, Inc. v. Arkon Corp.Supreme Court of South Carolina · 1983
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