Rogers v. Davidson

Citations

• 142 Pa. 436
• 21 A. 1083
• 1891 Pa. LEXIS 755

Syllabus

<p>(а) The plaintiff and defendant entered into a contract, whereby the plaintiff covenanted to put up a saw-mill on defendant’s lands, as soon as practicable, and, upon certain terms, to make into lumber all the pine timber on said lands:</p> <p>1. The plaintiff having erected the mill and begun the making of lumber jn pursuance of his contract, the contract was broken on the part of the defendant by the issuance and maintenance of writs of ejectment and estrepement at the suit of others.</p> <p>(б) The court charged: “ But if the plaintiff satisfies you that Ms loss was at least a certain amount and possibly a certain larger amount, if you are satisfied it was at least as large as the greater amount stated, then you would be warranted in rendering a verdict for that amount: ”</p> <p>2. Taken with its context, and with other instruction that the proper measure of the plaintiff’s damages was compensation for the loss actually sustained by Mm, in preparing for the execution of Ms contract and in part execution thereof, the instruction quoted could not have misled the jury.</p>