Sanborn v. Bay
Opinion of the Court
This was an action at law to recover damages for a breach of promise of marriage. In addition to the usual and general damages resulting from such a breach, special damages occasioned by plaintiff’s abandoning a lucrative business and rendering services and incurring expenses while attending to defendant’s business at his request and in reliance upon his promise of marriage are claimed in the complaint. Upon issue joined the cause was tried
“What amount did you as a matter of fact get and receive for your services in Sirs. Carpenter’s matters?”
In view of the immediately preceding testimony given by her, to the effect that she had been attending to Mrs. Carpenter’s matters at the instance and request of the defendant and for his benefit, this question was clearly material and relevant to the issue created by the pleadings.
“Did you talk with her [plaintiff] in regard to her attempting to sell this Carpenter ranch at the places Miss Bay mentioned in her testimony?”
This question was objected to as “too indefinite,” etc. The objection was sustained, and counsel obviously made the question more definite; as the defendant immediately afterward testified in a narrative way quite fully on the subject involved in the question. He said:
“I have no memorandum which enables me to fix the exact times at which I have talked with Miss Bay. I have met her at Chicago, Milwaukee, Toledo, Chamberlin, Parker, and Los Angeles; also in St. Paul and Minneapolis. I am not able to give the exact dates at which I had these talks with her at these different places. We talked about my aunt’s [Mrs. Carpenter's] business affairs, and about disposing of the Carpenter ranch and general things, and about the times and conditions.”
This seems to be a full answer to the question objected to. If it was not, it was open to defendant’s counsel to clear it up by further definite questions; but none appear to have been asked.
“In these letters received in evidence I notice statements in regard to her not having to work, or she should not work. In writing those statements, what had you in mind?”
“What, if anything, did you say. to Miss Bay, or she to you, regarding the amount she would realize from her profits on the option contracts, Exhibits A and B, if she made a sale?”
It would be useless to explain what was meant by these exhibits. Suffice it to say that, notwithstanding the objection, the question was fully answered in the narrative given by the witness immediately following. The question must have been so modified as to meet with the approval of the court, for the answer seems to be exhaustive.
“Mr. Sanborn, if you did not intend to marry this girl, by these letters and by your own acts as you have detailed here, were you trying to play her. so as to get her time for your own benefit, and to get her influence to gather your aunt’s property for you?”
The court did not err in permitting this question to be asked. In view of the many protestations of love and affection which this record shows Sanborn made to the plaintiff, both in correspondence and personal interviews, we think the question was quite pertinent; and it seems to us that the defendant, instead of objecting to it, should have welcomed the opportunity to explain his conduct, if he had any explanation to make.
“In the respects above noted this case is very unusual, and it may be doubted if a similar case ever occurred before where the woman, by reason of an engagement being broken, had actually suffered a pecuniary loss of more than $15,000. * * * In considering the damages in these cases, the amount of property which the defendant has can be taken into consideration. He testified that he was worth .$55,000. She testified that he stated to her, when he made a will in her favor, that he was worth $125,000 and the value of his interest in the ranch besides. However that may be, the difference between her pecuniary loss of over $15.000 and the amount of the verdict, $25,000, is not, in my judgment, so excessive as to justify the court in interfering with the admitted province of the jury in such a case.”
There certainly was no abuse of discretion in this ruling; and this conclusion precludes further consideration of it by us.
Discovering no prejudicial error in the proceedings below, the judgment is affirmed.
Reference
- Full Case Name
- SANBORN v. BAY
- Status
- Published