Cases On the Law of Damages
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5G6; Lewis v. Peake, 7 Taunt. 153— were all actions for breach of warranty of quality, and the measure of damages in these ea was shown to have been dependent upon the pleadings. In the first two of these cases no special damages were set out in the declara- tion, and there was nothing but the amount of the consideration to show what was lost, so that was ruled to be the measure of dam- ages. In the last case, the claim for dam- ages having been broader, it was permitted to the plaintiff to rec...over, in addition to this, the costs of a suit against him by his vendee, to whom he had sold with a similar war- ranty.
There is nothing in the matters decided in the case of Armstrong v. Percy which fixes, as a rule, that for the present kind of war- ranties the measure of damages is limited to the consideration paid, and interest. The rule, I think, in all actions of this kind, is compensation. Where no special damages are set forth, the measure of the loss is the value of the property purchased; and, where there is no evidence of value but the consid- eration paid, that will be taken as the stand- ard of value.
What to read after Cases On the Law of Damages?
You can find similar books in the "Read Also" column, or choose other free books by Floyd R Floyd Russell Mechem to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
5G6; Lewis v. Peake, 7 Taunt. 153— were all actions for breach of warranty of quality, and the measure of damages in these ea was shown to have been dependent upon the pleadings. In the first two of these cases no special damages were set out in the declara- tion, and there was nothing but the amount of the consideration to show what was lost, so that was ruled to be the measure of dam- ages. In the last case, the claim for dam- ages having been broader, it was permitted to the plaintiff to rec...over, in addition to this, the costs of a suit against him by his vendee, to whom he had sold with a similar war- ranty.
There is nothing in the matters decided in the case of Armstrong v. Percy which fixes, as a rule, that for the present kind of war- ranties the measure of damages is limited to the consideration paid, and interest. The rule, I think, in all actions of this kind, is compensation. Where no special damages are set forth, the measure of the loss is the value of the property purchased; and, where there is no evidence of value but the consid- eration paid, that will be taken as the stand- ard of value.
What to read after Cases On the Law of Damages?
You can find similar books in the "Read Also" column, or choose other free books by Floyd R Floyd Russell Mechem to read onlineMoreLess
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