Haskell v. McHenry
Cases that cite this one
6 later published cases cite this decision.
- Alderson v. Houston (Cal. 1908)
- Arkansas Rice Growers Cooperative Association v. Alchemy Industries, Inc. (8th Cir. 1986)
- Arkansas Rice Growers Cooperative Ass'n v. Alchemy Industries, Inc. (8th Cir. 1986)
- De Prosse v. Royal Eagle Distilleries Co. (Cal. 1902)
- Pittsburgh, Cincinnati, & St. Louis Railway Co. v. Heck (Ind. 1875)
- Clark v. McElvy (Cal. 1858)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
delivered the opinion -of the Court.
The contract declared on was an entirety. The first breach by the defendant was a breach of the whole, and discharged the plaintiff from the performance of any conditions on his part. It gave him a complete right of action.
The rule of damages was properly decided, although the Court committed an error in instructing the jury that it was the difference between the contract price and the proceeds of the sale at auction. The true rule is the difference between the contract price and the market value, at the time of the breach, and so the Court afterwards charged. But the error, if not relieved by the subsequent instruction, has done no injury, as the evidence, without dispute, establishes that the price at the auction sale was the fair market value.
Judgment affirmed.
Cited, 50 Ind. 305; 10 Bank. Reg. 323, i
Case-law data current through December 31, 2025. Source: CourtListener bulk data.