65 Miss. 315 | Miss. | 1887
delivered the opinion of the Court.
The demurrer to the last plea of the defendant should have
It is impossible to affirm that the defendant did not sustain damages capable of ascertainment and of a character recognized by law resulting from the breach of the contract alleged by the plea. It is not necessary to consider of speculative profits. There may be a legitimate basis for estimating damages. If there was such a contract as averred and its breach, and Andre, in consequence, sold the wagons at cost, the commissions for ■selling as he had before done, may furnish a criterion for estimating damages. The substantial sufficiency of the plea is the only question raised by the demurrer or considered by us.
Reversed, demurrer to plea overruled, and cause remanded for further proceedings.