Childers v. Tobin

Citations

• 111 Kan. 347
• 206 P. 876
• 1922 Kan. LEXIS 244

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Rebuilding Oil Rigs — Damage Asked jor Delay — Damages Too Remote, Speculative and Uncertain. In an action involving the amount due plaintiff for rebuilding two oil rigs on lands held by defendant under an oil and gas lease, the defendant contended that if the derricks had been erected a few days earlier he would have succeeded in selling oil and gas leases for $1,500. Held, that an objection was properly sustained to evidence in support of this claim on the ground that the damages sought to be established were remote, speculative and uncertain, there being nothing to show that the parties contemplated that a loss of such profits might be recovered for breach of the contract.</p> <p>2. Same — Instruction Not Misleading. The mere reference in the instructions to the fact that defendant claimed such damages did not authorize a recovery or make the evidence in support of such claim competent.</p> <p>3. Same — Instructions. The rule that instructions should be considered as a whole is applied, and held, that the jury were not misled by the instructions.</p>