Calhoun v. Pace

Citations

• 37 Tex. 454

Syllabus

<p>1. Plaintiff leased Ms farm to the defendants, for the year 1870, and covenanted with them “ to repair the cotton-gin, so as to enable them to gin “out and pack their crop of 1870.” Being sued for the rent, defendants reconvened for damages by reason of plaintiff’s failure to repair the gin. Held, that it was error to allow defendants to prove, as damages, what they could have made by ginning cotton for other people, if the gin had been repaired. They should have been confined to evidence of damages resulting from the incapacity of the gin to work up their own crop.</p> <p>3. It is only on contracts expressly stipulating for coin, that judgments can be rendered for coin. In suits for unliquidated damages, judgments for coin are not permissible.</p>