Webster v. Woolford

Citations

• 81 Md. 329
• 32 A. 319
• 1895 Md. LEXIS 81

Syllabus

<p>Measure of Damages for Breach of Contract of Sale — Special Damage — Action of Deceit.</p> <p>In an action to recover damages for breach of a contract of sale, the plaintiff is entitled'to such damages as may be fairly considered as arising in the usual course of affairs from the breach itself, or such as were contemplated by both parties at the time of making the contract, as the probable result of a breach.</p> <p>But where a contract has been made under special circumstances, and these were communicated by the plaintiff to the defendant, then the damages would be the amount of the injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.</p> <p>Whether special damages may reasonably be supposed to have been in the contemplation of both parties, depends upon how much of the real situation of-the parties was so disclosed at the time the contract was made as to render it a fair inference of fact that damages of that class were intended to be recovered if suffered.</p> <p>Where the action is in tort, founded on a breach of a contract of sale, the measure of damages is the same as in an action on the contract, when there is no question as to exemplary damages.</p> <p>The declaration set forth that defendant, professing to be a duly authorized agent of the owner, agreed to sell to the plaintiff certain property; that plaintiff, after informing defendant of his purpose so to do, sold out his interest in a business in order to obtain money to pay for said property; that defendant’s representations in regard to his authority to sell were false and fraudulent, and made with intent to deceive, and the plaintiff claimed to recover damages resulting from such sale of his business, etc. Upon demurrer, Held, That upon these facts plaintiff was not entitled to recover the alleged special damages, since the same arise from a collateral, independent matter, in no way connected with the contract itself.</p>