The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 80

The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 80

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: ...of the damage to the boat, that it would take it back and deliver a new boat in place of it or have it so repaired as to make it as good as new. "The defendant's contention is that it did not agree that it would deliver a new boat, but that it would take the boat back to New York and have the damage repaired.. "If you believe from the evidence that the paper boat was damaged on defendant's ship, and that defendant agreed to replace it with a new boat or have the repair made as good as new, and that the boat was taken to New York and repaired and brought back to Galveston and tendered to plaintifl" but was refused by plaintiff, and that the re-pairs (lid not make the boat as good as new, then the plaintiff would be entitled to recover damages for the breach of the contract, and the measure of damages would be the difference in value between a new one or one as good as new and the value of the repaired boat. "But unless you believe from the evidence that the defendant did make a promise to return a new boat or make the repaired boat as good as new, the verdict should be for the defendant." This charge was not applicable to the case made by the pleadings, and was misleading. The petition distinctly states plaintiff 's cause of action to be that the defendant, in consideration of the liability it had incurred on account of the damage to the boat, promised to furnish plaintiif a new boat similar to the damaged one before it was injured, or would pay to it the value of such a boat. Upon that contract, as plaintifl"s pleading now stands, it must recover or it can not recover at all. Plaintiff having introduced evidence to establish the contract alleged, the jury should have been instructed more

Product details

  • Paperback | 374 pages
  • 189 x 246 x 20mm | 667g
  • United States
  • English
  • black & white illustrations
  • 1236770285
  • 9781236770288