123 Ky. 783 | Ky. Ct. App. | 1906
Opinion by
Affirming,
Appellant Patterson, on November 1, 1904, caused to be delivered to tbe Illinois Central Railroad Company at Helena, Ark., a car load of cotton seed meal and bulls consigned to bim at Hodgenville, Ky. Tbe car load was not delivered at Hodgenville until tbe 24tb of November, and be filed tbis suit to recover damages. He alleged in bis petition that a reasonable time for tbe delivery was not more than 6 days, or not later than November 7th; that on or about November 4th, and at divers other times before tbe car load of provender was finally delivered, be called at tbe depot of tbe defendant at Hodgenville to receive
The general rule is that, where a contract has been broken, the damages which may be recovered for the breach are such as may reasonably be supposed to have been in contemplation of both parties at the time they made the contract as the probable result of the breach of it. It will be observed that the damages which the plaintiff sought to recover are wholly special damages, growing out of the fact that he was - feeding a lot of cattle on cotton seed meal and hulls, that the cattle would not eat other feed without loss, and that the delay in getting the cotton seed meal entailed upon him extra labor, expense, and
There was no allegation of a depreciation, or of any injury to the property by the delay. The recovery was sought solely upon the special damages growing cut of the loss in the cattle, and, this not being recoverable, the circuit court properly sustained the demurrer to the petition.
Judgment affirmed.