Sullivan v. McMillan

Citations

• 37 Fla. 134

Syllabus

<p>1. The rule that one who has been damaged by a breach of a contract should do all that reasonably lies within his power to protect himself from loss, by seeking another contract of like character, the profits of which should be applied in mitigation of such damages, is correct as applied to some classes of cases, and has especial reference to contracts for personal services, or for the use of some special instrumentality either with or without connection with such personal services.</p> <p>2. The rule stated in the preceding head-note does not apply to a contract which is simply for the delivery of certain logs at a certain place, which might have been performed by the parties undertaking such delivery with their own teams and personal labor, or by any other means or agency to which they might have seen fit to entrust the performance of the same when there is nothing in the contract to show that the execution of the same required all or any great portion of the time or personal attention of such parties, or any of them.</p> <p>3. The doctrine that a party who has been injured by the breach of a contract must do all that is reasonably within his power to mitigate the damages caused thereby, does not prevail to the extent that one who is injured by the violation of an agreement not necessarily involving personal services or the use of some special instrumentality must seek and perform other contracts for the benefit of the party who, by breaking faith with him, has caused the injury.</p> <p>4. The ancient rule is adverse'to the assessment of interest upon unliquidated damages. More liberal ideas now prevail, and the distinction is practically obliterated between liquidated and unliquidated demands. Wherever a verdict liquidates a a claim, and fixes it as of a prior date, interests should follow from that date.</p> <p>5. Whenever a definite time of default or tort-feasance can be ascertained interests should be allowed from that date. As soon as it is the legal duty