Pacific Express Co. v. Darnell Bros.

Citations

• 62 Tex. 639
• 6 S.W. 765
• 1884 Tex. LEXIS 304

Syllabus

<p>1. Pleading — Evidence.— Every issuable fact must be alleged in pleading in order to admit necessary evidence in support of it.</p> <p>2. Same — Notice to carrier.—Where the petition does not allege that the carrier knew of the necessity of the performance of his contract at once, and that any failure or delay on its part to perform the contract promptly would cause a suspension in business on the part of the consignor, evidence as to these facts is inadmissible.</p> <p>3. Measure of damages—Breach of contract.— Where two parties have made a contract, which is broken by one of them, the damage which the other party ought ordinarily to receive for such breach should be such as either arises in the usual course of things from the breach itself, or such as may be reasonably supposed to have been contemplated by both parties at the time of contracting, as the probable result of its breach.</p> <p>4. Same.— Where the special circumstances under which the contract was actually made were not communicated to the carrier who made the breach, then, in such case, the measure of damage is the amount of injury which would generally arise from such breach.</p> <p>5. Cases.—Hadley v. Baxendale, 9 Exch., 353; Jones v. George, 61 Tex., 849.</p>