Bean v. Carleton

Decided December 31, 1890

New York Supreme Court · decided 1890-12-31

<p>Contact—Damages.</p> <p>In an action to recover for breach of a contract for publication of a book by reason of a failure to publish as many copies as agreed. Meld, that plaintiff was fully indemnified by a verdict for the amount advanced by her on the contract, and that she could not recover for loss of the manuscript, as the evidence as to the damage caused to it was too speculative.</p>

Decided 1890-12-31

Van Brunt, P. J.

¶1The plaintiff claims by her appeal that the verdict was too small, and that she was entitled to damages for the loss of her manuscript. .

¶2We think, however, where the-plaintiff was allowed to recover back the total amount paid under the contract, the evidence as to the damage to the manuscript resulting from the failure to print 2,000 copies, 1,000 only having been issued, was too speculative to justify any recovery thereunder, and, therefore, the learned judge ruled correctly in limiting the amount of damages to the moneys paid by the plaintiff under the contract in question.

¶3We think, therefore, that the judgment so far as it is appealed from by the plaintiff should be affirmed upon her appeal.

¶4Bartlett, J., concurs.