Andre v. Morrow

Citations

• 65 Miss. 315

Syllabus

<p>Contract. Damages for breach of. Recoupment against note. Case in judgment.</p> <p>M. and A. contracted that A. should be the sole agent in the town of C. for the sale of wagons made by M.; at the same time, and as a part of this contract, A. executed his promissary note for the purchase money of certain wagons furnished by M. and to be sold by A. as agent. Afterward, M. sued A. on this note. A. pleaded that M. had, in disregard of his contract, sold and furnished his wagons to others in the town of C., whereby A. was prevented from selling any of the wagons furnished him, at a profit. M. demurred to this plea. Held, that the demurrer ought to have been overruled. The note and contract were not so disconnected as to debar the defendant from recouping against the former the damages resulting from the breach of the latter; and such damages are not impossible of ascertainment, or of a character not recognized by law.</p>