Gilmore v. Hunt

Citations

• 66 Pa. 321
• 1871 Pa. LEXIS 34

Syllabus

<p>1. Gilmore agreed to convey coal-land,, &c., to Hunt, part of the consideration to be paid in notes; in a suit on the notes Hunt gave evidence by way of set-off that Gilmore refused to give him possession, &c., and he had to obtain it by ejectment. The court charged: “If the jury find from the evidence that Gilmore violated his part of the agreement by refusing to allow Hunt possession, they may assess such damages as the evidence would warrant.” Held to be error.</p> <p>2. Such instruction was a misdirection not a mere omission.</p> <p>3. The measure of damage in such case is the amount of rent or profit that Hunt might derive from the property from the time, he should have had possession until he obtained it under the ejectment.</p> <p>4. Such damage would be the mesne profits.</p> <p>5. The court should hold the jury to the strict legal rule with a firm hand, by setting aside the verdict whenever they disregard it.</p>