George v. Lane

Citations

• 80 Kan. 94
• 102 P. 55

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages — Breach of Contract. A party entitled to recover on the breach of a contract should be allowed such damages as are the natural, direct and proximate result of the breach.</p> <p>2. - Same. Where G. and M., in consideration of the conveyance to them of a farm, agreed to transfer a stock of goods to L. and L. and to furnish a buyer fo'r a one-half interest in the goods for a certain sum, and the transfer of the goods and conveyance of the farm were duly made but G. and M. failed to furnish such buyer, the measure of damages for such default is the difference between the market value of such one-half interest and the sum for which it was to have been sold had a buyer been produced as agreed, together with.interest on the amount of such difference.</p> <p>3. Evidence — Measure of Damages — Breach of Contract. The amount received upon the sale of such one-half interest at an auction fairly advertised and conducted, of which the defendants had notice, is evidence of such value, but is not conclusive, and the defendants had the right to offer evidence of such value to show that it was greater than the amount so received.</p> <p>4. Contracts — Consideration. A statement or promise made by L. and L.’after the conveyance and transfer had been completed, without any new consideration, purporting to waive the obligation of. G. and M. to find such purchaser, which was not acted upon to their loss or injury, is ineffectual to relieve them from liability.</p>