16 Tex. 119 | Tex. | 1856
The appellant purchased in June, 1854,
The appellant moved the Court, on this verdict, to rescind the contract and decree to him the land and four hundred dollars damages, and the negro to the appellee. This the Court refused, and compelled, (as stated in the record,) the appellant to elect whether the contract should be rescinded without judgment for the four hundred dollars damages, or judgment should be rendered for the four hundred dollars damages without a rescission of the contract. The appellant elected a rescission of the contract, insisting, however, that he should have judgment also for the damages. But the Court entered judgment rescinding the contract, and cancelling the conveyance of the land and the bill of sale of the negro ; and, on appeal, it is insisted that there was error in refusing to adjudge to the appellant the four hundred dollars as damages. The fifteenth special issue, as it is called, was, “ Has the plaintiff sustained “ any damage ? Ans. He has f and the sixteenth, “ If yea, “what? Ans. Four hundred dollars.” What was the precise
Whether the Court intended that the jury should assess the whole damage, as was claimed in the petition, including the loss of the consideration, or the particular damage that may have been suffered, in the event that the consideration was restored, is left to conjecture. The presumption from the subsequent action of the Court, is, that the issue was framed to meet the averments of the petition, and that the entire damages of the plaintiff was the matter proposed for inquiry. But let it be admitted, (and the assumption is favorable to the appellant) that the jury intended to find punitory damages for the false representations of the defendant, yet it is not clear that there was error in disregarding the verdict. It does not appear whether these issues were framed on the pleadings, before the introduction of evidence, or afterwards. There is no statement of facts ; and whether there was any, and what was the evidence in relation to damages, loss of service, fraud, «fee., cannot be known. It may be that in the opinion of the Court, the finding of the jury was contrary to the evidence, and as such, that it should not be sanctioned by judgment.— But the plaintiff was not without redress. He was not com
Upon the whole, it is not clear what was intended by the jury. The District Court, with the facts before it, was the best judge of the true import of the verdict, and whether it was sustained or contradicted by the proof. The presumption is in favor of the correctness of the ruling by the Court, and we have not the facts by which to test or repel the presumption. It is apparent, also, that substantial justice is done by the judgment. The appellant has recovered his land, which, with the increasing prosperity of the country, must rise in value : and the appellee is recharged with the care and maintenance of Ms diseased slave, a burthen, which, if not continually increased, will not, during the life of the slave, be diminished.
It is not apparent that there is error in the judgment, and it is ordered that the same be affirmed.
Judgment affirmed.