CIVIL SITTINGS.
Douglas v. Burke and Brittan. —Before a Special Jury. This action was for damages sustained by the loss of a run which the defendants had sold to the plaintiff, but for which they could shew no title. The defendants had paid the purchase money amounting to £1000 with, interest and had also paid in £60 as special damage sustained by the breach of contract. Messrs. Travers and Williams appeared for the plaintiff; Messrs. Duncan and Harston for the defendants. Mr. Travers in opening the case claimed not only special damages, which in the declaration were laid at £1000, and for which £50 had been paid in satisfaction, but also general damages for breach o£ contract. Mr. Duncan opposed this course, contending that no evidence could be received, except as relating to special damages, no claim having been made for a specific amount on the score of general damage. After much discussion Mr. Justice Gresson ruled that the plaintiffs might amend the declaration, and claim general damages upon payment of the whole costs of the present hearing, whatever was the result of the action. The plaintiffs counsel accepted this alternative, and the trial was postponed till next term.
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Bibliographic details
Press, Volume I, Issue 29, 7 December 1861, Page 5
Word Count
199
CIVIL SITTINGS.
Press, Volume I, Issue 29, 7 December 1861, Page 5
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