A Treatise of the Law of Damages; Embracing an Elemantary Exposition of the Law, and Also Its Application to Particular Subjects of Contract and Tort Volume 2

A Treatise of the Law of Damages; Embracing an Elemantary Exposition of the Law, and Also Its Application to Particular Subjects of Contract and Tort Volume 2

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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. 1893 edition. Excerpt: ... title, are a portion of the damages recoverable. The want of notice of a suit to the warrantor undoubtedly increases the burden of proof that falls on the warrantee. In such case he would be held to prove that the actions brought against him were reasonably defended, and that the costs were fairly and necessarily incurred. And as to the costs in cases in which the warrantee was plaintiff instead of defendant, and also as respects counsel fees and expenses in cases where he was either plaintiff or defendant, and whether the covenantor was notified or not, from the nature of things the burden is on the covenantee to show such items to be reasonable and proper claims where the grantor does not appear in the suits." 2 While these general principles are supported by the best authorities," there has been an exception in some jurisdictions of the item of counsel fees. They are not allowed in Massachusetts, ' Mississippi, or Texas, ' and perhaps in some 308 other states.' It is diificult to perceive, however, any sound reason for this exception; for, as was said in an early case in Maine "the plaintifl' could not defend without coun-sel, and if employed they must be paid;" and the same rea-son that would authorize the recovery of the clerk's, sherilf's and other costs would justify the recovery of reasonable counsel fees. The character of these expenses is the same; one is just as requisite as the other, and both are essential to a defense.' 619. Same subject. In Illinois the right of recovery is confined to costs incurred in actions in which the warrantee is a party to the record and in which he was evicted. And the rule is said to be limited to the taxable costs and...show more

Product details

  • Paperback | 320 pages
  • 189 x 246 x 17mm | 572g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236952294
  • 9781236952295