Boudreaux v. Boudreaux
Boudreaux v. Boudreaux
Opinion of the Court
Plaintiff rented a tract of land from one Bradford, and toot possession, intending to cultivate in cotton and corn.
Both the district court and the Court of Appeal held that his petition showed no cause of action, for the reason that the profits in question were altogether too uncertain to serve as a basis for judgment.
Judgment affirmed.
Reference
- Full Case Name
- BOUDREAUX v. THIBODEAUX In re BOUDREAUX
- Cited By
- 12 cases
- Status
- Published
- Syllabus
- (Syllabus by Editorial Staff.) 1. Injunctions 186(2) — One prevented from growing crop by injunction cannot recover profits of which he has been deprived. One who. has been prevented from making crops by an injunction cannot recover as damages from person who procured injunction the profits he might have realized, since such profits depend upon whether the crop would be made, and if made it would be made at a profit, and are clearly too uncertain to serve as a basis for judgment. 2. Damages The measure of damages where a growing crop is destroyed through the tort of another person is the value of the crop at the time it is destroyed; not the value it might have had if suffered to mature and be gathered. O’Niell, J., dissenting.