Herbert v. Hillman

Citations

• 50 Wash. 83
• 96 P. 837
• 1908 Wash. LEXIS 670

Syllabus

<p>Trial — Province or Jury — Credibility and Weight or Evidence. It is tiie province of the jury to pass upon the credibility of the witnesses and the weight of the evidence.</p> <p>Vendor and Purchaser — Contract for Sale — Breach by Vendor —Measure of Damages — Instructions. The measure of damages for the breach of a contract to convey land, where the vendor subsequently sold the same to another, is the amount paid by plaintiff and the increase in value above the purchase price at the time of the breach; and an instruction fixing the damages at the difference between the amount agreed to be paid and the market value at the time of the breach, less the unpaid amount due on the price, is error, requiring a new trial, even if disregarded by the jury.</p>