Lucas v. Heaton

Decided November 15, 1848

Indiana Supreme Court · decided 1848-11-15

Assumpsit, commenced before a justice of the peace for the valu of a quantity of wheat delivered by the plaintiff to the defendants A bill of particulars, stating the dates of the delivery of difieren parcels of the wheat, at a specified price per bushel, was filed as th cause of action. There was a trial before the justice on the general issue, and : judgment for the defendants. On appeal, in the Circuit Court, then was a trial with a similar result.

Decided 1848-11-15

Smith, J.

¶1— “ As the contract proved, was a special one, for tfe- m livery of specified quantities of flour and bran, and does not ap to have been rescinded, the measure of the damages which in-*185j'laítiüíi' would have been entitled to recen «*r, for a breach of it by the defendants, was the value of the jluiir and bran the former was to receive, and not the price or value of the wheat delivered by him, "We Ihitih. there (ore, the evidence thus offend and rejected, would not líate sun anted Ike cause of action, and would not have entitled the jilaintiil' to a judgment if it had all been admitted. See Ellison v. Dove, 8 Blackf, 571.”

¶2jiufc/nutf u'jjinntd, dec.