City of Laredo v. Russell

Citations

• 56 Tex. 398
• 1882 Tex. LEXIS 47

Syllabus

<p>1. Measure of damages—Contract for patents — Allegation of damages.— The petition of plaintiff alleged that the city council of a town by resolution employed an attorney to obtain from the state patents for its lands, agreeing to pay him a portion of the land for his services; that before the patents were obtained the business was taken from the attorney by the city authorities. He sued for specific performance, alleging the doing of various acts in fulfillment of his part of the contract, and there is an alternative prayer for the money value of the consideration promised him, but a failure to allege, either generally or specifically, damage to himself. Judgment by default was rendered and a writ of inquiry executed, on which there was a verdict for §1,350 as the value of the land. Held,</p> <p>(1) That as it was not alleged that the land had been patented, or could have been by proper action of the city council, there was no ground afforded for the recovery of any remuneration under the contract alleged.</p> <p>(2) If by reason of the city’s refusal to permit plaintiff to carry out his contract a case was stated for the recovery of damages, the measure of damages would not be the value of the land agreed to be conveyed.</p> <p>(3) There being no allegation of damages, none but nominal damages could be recovered.</p> <p>(4) The allegations of the petition form no legal basis for the judgment. This error was fundamental, and fatal even to a judgment by default.</p>