4 Willson 47 | Tex. App. | 1889
Opinion by
§ 27. Landlord and tenant; measure of damages for injury to premises. One of the items claimed by the plaintiff in the account sued upon was “to damages to said Whitcomb’s farm and premises, $75.50.” To prove this item, plaintiff was permitted, over objection of defendant, to ask his witness what it would be worth to repair the farm and put it in the same condition as when the defendant, Fagan, as Whitcomb’s tenant, went on the place. It is insisted that such evidence did not establish a proper measure of damages in an action by a landlord against a tenant for injury to premises during a lease, but that the true measure of damages would be, not what it would be worth to put the property in statu quo, but the injury to the market value of the reversion. In his work on Landlord and Tenant Mr. Wood says: “In the case of an action by the landlord against the tenant before the term is ended, when the landlord has not himself made the repairs, he is entitled to recover
§ 28. Measure of damages for work improperly done. On a claim for damages for work improperly done, the measure of damage is the difference in its value as done and what its value would have been if properly done. Such damage is fully adjusted when the party doing the work is only allowed the actual value of his work.
Reversed and remanded.