Greenlee v. West

Citations

• 71 Pa. Super. 468
• 1919 Pa. Super. LEXIS 138

Syllabus

<p>Contracts — Breach—Measure of damages — Evidence.</p> <p>In an action for breach of a contract containing an option to repurchase certain promissory notes at a specified figure, only nominal damages can be recovered, in the absence of any proof of the actúa., value of the notes at the time of the breach of contract. Mere proof of the breach of a legal obligation will not warrant a recovery in more than nominal damages. To recover more there must be affirmative evidence that actual damages resulted from such breach, and a measure furnished by which their amount may be fairly ascertained.</p> <p>Contracts — Breach—Tender—Equitable estoppel.</p> <p>Where one party to a contract makes it impossible for the other to comply with its terms, and make tender at the designated time, he is estopped from taking advantage of such failure resulting from conditions created by his own conduct.</p>