Harrington v. Moore Land Co.
Harrington v. Moore Land Co.
Opinion of the Court
delivered the opinion of the court.
In this case it appears that in the month of May, 1917, the plaintiffs bought a farm from the defendant for the agreed price of $65 per acre, $5 of which purchase price was paid to the defendant on account of the sale to the plaintiffs of all of the crops then growing and to be planted on the premises during the season of 1917. Plaintiffs by their complaint seek to recover damages for alleged negligence in sowing spring wheat on thirty acres of the land, in consequence whereof they produced two bushels less per acre than should have been produced, to plaintiffs’ damage in the sum'of $102.20; for failure of defendant to plant five acres of sod ground to oats, to plaintiffs’ damage in the sum of $20; for failure to break ten acres of the ground as agreed, to plaintiffs’ damage in the sum of $90, and damages resultant from such failure, in that such ten-acre tract could not be sown to winter wheat in the fall of 1917, as plaintiffs intended, to plaintiffs’ damage in the sum of $375.
The defendant, in its answer, admits the sale to plaintiffs of the lands described in their complaint for the total consideration of $65 per acre, and that $5 per acre of such consideration was for the crops then growing on the premises and to be grown thereon in the season of 1917; it denies any negligence in sowing the thirty-acre tract to spring wheat or that plaintiffs suffered any damage in consequence of the manner in which it was seeded; it denies that it refused to sow any portion of the premises to oats to the damage of plaintiffs in the sum of $20 or at all; it admits that it did not break the ten acres of sod land, but denies that the plaintiffs were damaged thereby in any greater sum than $50; and denies any damage resulting to plaintiffs on account of their inability to plant and raise a crop of winter wheat in the season of 1917 on the ten-acre tract which it failed to break. And, in further and separate defense, the defendant pleads justification, and admits liability on account of the failure to break ten acres of the ground; and in advance of trial made tender of and de
The case was tried before a jury. At the conclusion of the testimony introduced in support of plaintiffs’ case, the court granted a nonsuit and entered judgment for the plaintiffs for $96.25, the amount tendered. The appeal is from the judgment.
Two assignments of error are specified, but one of which is necessary for disposition of this case on the merits, namely: Did the court err in sustaining the defendant’s motion for a nonsuit and ordering judgment in favor of the plaintiffs for the amount tendered?
Defendant proceeded under the provisions of sections 7161
After an examination of the complaint and all of the evidence in this case, we are of opinion that the rule of damages applicable is, that plaintiffs are entitled to recover such reasonable amount as will compensate them for defendant’s failure to do the work agreed, and such additional amount as in the ordinary course of things would likely result from the breach of contract. The damages recoverable, however, must be clearly ascertainable in both nature and origin. The only damage proved by plaintiffs is defendant’s failure to break the
In no event would the plaintiffs be entitled to recover any-
The judgment is affirmed.
Affirmed.
Reference
- Full Case Name
- HARRINGTON v. MOORE LAND CO.
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- 2 cases
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- Published