Gilbert v. Grubel

Citations

• 82 Kan. 476
• 108 P. 798
• 1910 Kan. LEXIS 284

Syllabus

<p>SYLLABUS BY' THE COURT.</p> <p>1. Contracts — Accrual of Action for a Breach — Performance Prevented by Defendant. A owned a business located in Kansas City, Kan. He wished to dispose of a one-half interest therein to some person who was familiar with it and capable of becoming manager thereof, and with whom he might subsequently form a partnership. B, who claimed to understand the business, proposed to purchase one-half thereof, and they entered into an agreement which was, in substance, as follows:</p> <p>B' was to manage the business and receive out of the profits thereof the sum of $15 per week for his services. When the profits amounted to the sum of $800 A was to have the whole amount thereof, which was to be in full satisfaction for the one-half interest sold to B.</p> <p>The contract was carried out as contemplated until the profits amounted to $779.52, when A, without cause, forcibly ousted B and terminated the contract. Held, that a cause of action for damages accrued in favor of B immediately.</p> <p>2. -Measure of Damages for a Breach — Evidence. In an action by B founded upon the facts above described the measure of his damages would be such sum as would fairly compensate him for the loss sustained. In estimating this amount it would be proper to consider the value of the property to which he would have been entitled if the contract had been completed, and how much of the agreement was unfinished at the time he was ousted.</p> <p>3. - Action for a Breach — Demurrer to Petition. Where, in such an action by B, his petition alleges the execution of the contract, its performance in good faith by him until practically finished, and his wrongful exclusion from the opportunity to complete the contract and receive the benefit of the property thereunder as stipulated, a demurrer to such petition should be overruled.</p>