7 Me. 51 | Me. | 1830
The first witness, offered by the defendants, was . admitted as competent, notwithstanding the interest attempted to be
And if the party injured has it in his power to take measures, by which his loss may be less aggravated, this will be expected of him. Thus in a contract of assurance, where the assured may be entitled to recover for a total loss, lie, or the master employed by him, becomes the agent of the assurer to save and turn to the best account, such of the property assured, as can he preserved.
The purchaser of perishable goods at auction, fails to complete his contract. What shall be done ? Shall the auctioneer leave the goods to perish, and throw the entire loss upon the purchaser r That would be to aggravate it unreasonably and unnecessarily. It is his duty to sell them a second time, and if they bring less, he may recover the difference, with commissions and other expenses of resale, from the first purchaser.
If the party entitled to the benefit of a contract, can protect himself from a loss, arising from a breach at a trifling expense, or with reasonable exertions, lie fails in social duty, if he omits to do so, re
The instruction's of the judge to the jury objected to by the counsel for the defendants at the trial, were in conformity with these principles, and in the opinion of the court not liable to legal objection. Judgment on the verdict.