Cranmer v. Kohn

Citations

• 7 S.D. 247
• 64 N.W. 125
• 1895 S.D. LEXIS 67

Syllabus

<p>1. In an action for a breach of contract, the contract itself must furnish the measure of damages; and the amount recovered cannot, except in the cases specified in section 4617, Comp. Laws, exceed the amount the party could have gained by a full performance of the contract on -both sides.</p> <p>2. Where a traveling salesman is, by the terms of his contract, to be paid for his services by a percentage upon the amount of his sales, and he is prevented by the wrongful act of his employer from completing his contract, the measure of damages is the amount he could have made on his sales had he been permitted to complete his contract, and not the value of his monthly services as salesman generally.</p> <p>3. Where, on the trial of such an action, the plaintiff is permitted, over proper objections made, to testify as to the value of his monthly services generally as a traveling salesman, and such evidence is submitted to the jury, it is error for which the judgment will be reversed.</p> <p>(Syllabns by the Court.</p>