Schilling v. Osten

Citations

• 30 Del. 524
• 7 Boyce 524
• 108 A. 741
• 1920 Del. LEXIS 39

Syllabus

<p>1. Breach of Marriage Promise—Verdict for plaintiff after admission of contract and breach.</p> <p>In an action for breach of promise to marry, the contract of marriage and the breach thereof having been admitted by defendant, the jury should return verdict in favor of plaintiff.</p> <p>2. Breach of Marriage Promise—Elements of damage open for consideration.</p> <p>In fixing the amount of damages to plaintiff suing for breach of marriage promise, the jury may consider injury to health, mental suffering^ or distress of mind occasioned by defendant’s failure, loss of time, expense incurred in preparation for marriage, and such loss in plaintiff’s business of teaching music and languages, if any, as resulted from defendant’s failure to marry her, and from the evidence find such an amount as will reasonably compensate her.</p> <p>3. Breach of Marriage Promise—Consideration of motives of defendant IN DETERMINING DAMAGES.</p> <p>In actions for breach of marriage promise, it is competent in ascertaining damages for the jury to consider the motives that actuated defendant; if he made the contract and broke it with a bad motive that may be considered; while it is competent for defendant to show in mitigation that his motives were not bad, and his conduct neither cruel nor malicious, and that plaintiff suffered only nominal damages.</p> <p>4. Trial—Jury are sole judges of credibility and weight of evidence.</p> <p>The jury are the sole judges of the credibility of the witnesses and the weight of their evidence.</p>