26 Ind. App. 501 | Ind. Ct. App. | 1901
Appellant was plaintiff below and sued appellee for a breach of marriage contract. The complaint avers that appellant and appellee entered into a contract of marriage; that the same was to have been consummated at a stated time; that she was ready and willing to carry out her
It is urged that as the jury found for the appellant, they necessarily found that she had established the contract of marriage as set out in her complaint; that there had been a breach of the contract on the part of appellee, and that for such breach she was entitled to damages in excess of one cent. True, the breach of any contract presupposes resulting damages to the party injured by the breach, but there are cases where the law does not fix any measure of damages. This is such a case. The question of appellant’s damages was properly submitted to the jury, and the jury having fixed the amount, and there being nothing in the record to indicate that they were led to the conclusion reached by prejudice, partiality, or corruption, we can not, under the well settled rule, disturb their finding.
Judgment affirmed.