Schatzinger Conso. Realty Co. v. Stonehill

Citations

• 29 Ohio C.C. Dec. 587
• 19 Ohio C.C. (n.s.) 403

Syllabus

<p>CHARGE TO JURY — CONTRACTS—DAMAGES.</p> <p>1. Refusal to Submit Series of Requests as Entirety.</p> <p>Where a series of requests to charge before argument is properly presented, but the submission of them is as an entirety, or as a series, if one or more of the requests does not correctly state the law applicable to the facts submitted to the jury, it is not error to refuse to give the entire series.</p> <p>2. Damages Naturally and Proximateiy Resulting from Breach Recoverable.</p> <p>When special damages are alleged to have resulted from the breach of a contract to convey lands, the plaintiff is entitled to a charge sufficiently comprehensive to enable him to recover such damages as arose naturally .and proximateiy from the breach of the contract and such as the parties to the contract at the time it was made must reasonably 'have contemplated as a probable result of the breach.</p> <p>3. Damages for Breach of Land Contract Does Not Include Expenditures Made Before Contract Execution.</p> <p>In an action for the breach of a land contract, plaintiff is not entitled to compensation for expenditures made before the contract was entered into, looking towards its consummation.</p>