Lewis v. Holmes

Citations

• 109 La. 1030
• 34 So. 66
• 61 L.R.A. 274
• 1903 La. LEXIS 465

Syllabus

<p>CONTRACT — BREACH—DAMAGES—ACTION BT HUSBAND AND WIFE.</p> <p>1. Damages are recoverable for deprivation of intellectual enjoyment and for mental suffering, resulting from the breach of a contract.</p> <p>2. In computing such damages for the breach of the contract of a fashionable milliner to furnish the dresses for the trousseau of a bride of wealth and high social standing, the court will take into consideration not alone the disappointment of the bride in not having the dresses in time for the wedding, and her mortification and humiliation in going to her husband unprovided with a suitable trousseau, but also the fact that entertainments had been planned in her honor on her wedding tour, and at her arrival at the home of her husband, which entertainments she would have to forego for want of the dresses.</p> <p>3. When both the husband and the wife are parties plaintiff to the suit, and the claim sued on belongs to one or the other, the defendant is without interest to urge that the claim belongs to one of the spouses in particular, _ and that the suit should have been brought distinctively in the name of the owner of the claim.</p> <p>(Syllabus by the Court.)</p>