Johnson v. Blanks

Citation34 Mo. 255
PartiesSTROTHER JOHNSON, Respondent, v. JOEL BLANKS, EX'R OF GEORGE MEYERS, deceased, Appellant.
Decision Date31 October 1863
CourtUnited States State Supreme Court of Missouri

Appeal to St. Charles Circuit Court.

Woods, Broadhead, Lewis & Alexander, for appellant.

I. If the warranty is broken as soon as made, as seems very clear, for there was nothing done or omitted to be done by the vendor which affected the contract in any way whatever, then the damages must be fixed at the time of the breach, and the vendee cannot, especially when he knows the whole history of the title, and knew of this adverse claim of title, be entitled to expenses incurred by him, by reason of his holding on to the property against the rights of the lawful owner. The expense thus incurred in raising the negro enures to the benefit of the lawful owner, and he is bound to know who the lawful owner was. The measure of damages is the value of the property at the time of the breach of warranty, and this value ought to have been fixed, and doubtless was fixed, by the price agreed upon between the parties.

R. G. Woodson, for respondent.

I. The instruction given by the court below for plaintiff (defendant in error) was properly given; it correctly informed the jury of the true measure of damages. (Sedgwick on Dam. 293.)

II. Plaintiff defended the suit of Mary Lewis in good faith; defendant had timely notice of said suit. Meyer's estate is liable to plaintiff for all damages necessarily arising from breach of the warranty, including keep of slave, and costs and expenses incurred by plaintiff in defending the suit of the adverse claimant, Mary Lewis. (Sedgwick on Damages, p. 293; Parsons on Contracts, vol. I, p. 459, note i.)

DRYDEN, Judge, delivered the opinion of the court.

This was an action by Johnson against Blanks, executor of Meyers, to recover damages for the breach of an express warranty of title to an infant slave, which was sold by Meyers to Johnson in 1855, and was afterwards, in 1859, recovered from the latter in an action brought against him for the purpose by one Mary Lewis, who claimed by title paramount to that of Meyers, of which action Blanks, the executor, had notice. The evidence tended to show that Mary Lewis acquired her title by means of a deed of gift from said Meyers, her grandfather; and that at the time of the plaintiff's purchase he had knowledge of the previous gift, but that it was then in good faith believed, both by Johnson and Meyers, that by reason of an arrangement which had been made between Myers and the father of Miss Lewis, then an infant, that her title had become extinguished and re-invested in Meyers. The evidence also showed that the slave, by reason of its immaturity, was incapable of service, and was a burden and expense upon Johnson from the time of the purchase until he was dispossessed by the claimant under the paramount title.

The only point made in the case which we will consider, is as to the measure of damages. The court instructed the jury that the measure of damages was the value of the slave at the time of the sale, together with Johnson's costs and expenses in caring for the slave, and in defense of the suit of Miss Lewis, and refused to instruct that if the plaintiff purchased with notice of the previous gift to Miss Lewis, the measure of damages was alone the value of the negro, with interest. We do not think the fact of notice to the respondent can have the effect of resisting the measure of his recovery as contemplated by the refused instructions. It is a fundamental rule of damages, that the damages claimed must be such as are the natural result of the injury complained of. (Mayne on Damages, p. 31.) The injury complained of here is the...

To continue reading

Request your trial
11 cases
  • Roark v. Pullam
    • United States
    • Court of Appeal of Missouri (US)
    • March 25, 1921
    ...... under the execution for costs in said cause. 35 Cyc. 480;. Shultis v. Rice, 114 Mo.App. 274; Johnson v. Meyers,. Exec'r, 34 Mo. 255. . .          COX, P. J. Farrington and Bradley, JJ., concur. . .          . OPINION. ......
  • Simpson v. Burnett
    • United States
    • United States State Supreme Court of Missouri
    • June 11, 1923
    ...... act. Meyer v. Adler, 188 Mo.App. 607; First. Natl. Bank v. Williams, 63 P. 745; Johnson v. Meyers, 34 Mo. 255; Regier v. Accident Co., 202. Mo.App. 184; Osborne v. Ehrhardt, 15 P. 590;. Rectenbaugh v. Porthuron Co., 118 N.W. ......
  • Roark v. Pullam
    • United States
    • Court of Appeal of Missouri (US)
    • March 25, 1921
    ...a title are legitimate elements of damage in a suit on breach of warranty of that title. Coleman v. Clark, 80 Mo. App. 339; Johnson v. Blanks, 34 Mo. 255; Matheny v. Stewart, 108 Mo. 73, 17 S. W. It was stated by the Kansas City Court of Appeals in Quick v. Walker, 125 Mo. App. loc. cit. 26......
  • Kansas City Hotel Co. v. Sauer
    • United States
    • United States State Supreme Court of Missouri
    • October 31, 1877
    ...184; Pennell v. Woodburn, 7 Carr. & P. 117; 3 Bingh. N. C. 462; French v. Parish, 14 N. H. 496; Levitzky v. Canning, 33 Cal. 299; Johnson v. Meyers, 34 Mo. 255; Allen v. Blunt, 2 W. & M. (U. S. C. C.) 146; Harding v. Larkin, 41 Ills. 413. Plaintiff is free from any charge of standing idly b......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT