101 Minn. 319 | Minn. | 1907
Lead Opinion
The complaint alleges that in May, 1902, respondent leased of defendants from month to month a certain house, No. 9 East Tenth street, St. Paul; that such house, with a number of others immediately adjacent, was owned and controlled by defendants, and heated by means ■of a steam plant also owned and controlled by them; and that at the time of leasing the premises it was agreed between the parties that, so long as respondent should remain in possession of the house, defendants would furnish sufficient heat to comfortably warm the house ■during the fall and winter months at the rate of $15 per month. This action is founded upon a breach of the contract to furnish enough heat. Defendants moved to dismiss, and the motion was granted as against William F. Mason, who, it appeared, acted as agent for appellant.
As we understand the complaint and evidence, there were two separate contracts — one, for rental of the house, payable monthly"i'h ’advance; and the other, for furnishing sufficient heat to comfortably warm the house, at $15 a month, payable at the end of each. Whether the transaction amounted to one entire contract, or two separate ones, is immaterial. The house was leased from month to month, and either party might have terminated it at the end of any month; but the contract for heat was a continuing one, viz., for the period during which respondent should occupy the house, which might be one month, one year, or two years. Consequently, under the terms of respondent’s contract, she was not forced to vacate the premises simply because the-heat was not sufficient, and appellant is not in a position to complain because he permitted her to remain longer than he need haye done. It was within his power to bring the contract to a close at any time; but he did not do so, and bjr permitting her to remain he was called upon to make good his contract to give enough heat to make the house comfortable.
Appellant designates the furnishing of heat under his contract with' respondent as a sale of personal property, and seeks to apply to the case the rule applicable where a vendee purchases personal property, uses the same, and pays for it, and cites Armstrong v. Latimer, 165 Pa. St. 398, 30 Atl. 990, where it was held that voluntary payments prevented
Respondent testified that she made frequent complaints as to the insufficiency of the heat; that appellant repeatedly promised that heat: enough would be furnished in the future, and also told her that if she-did not like the amount of heat furnished she could leave; but that she-had rented the house for the express purpose of subletting rooms, and' it was not possible for her to move out in the middle of the winter without great loss, and so she preferred to remain and make the best, of things. The fact that respondent paid for the heat at the end of each, month, without specifying in the. receipts that she was not satisfied,, and that this action was not commenced for nearly two years after she-vacated the house, did not necessarily estop her from maintaining the-action. It was proper for the jury to take all such matters into consideration, in determining whether or not the house was comfortably
Gentlemen, on the second item of damages — that is, the personal suffering and inconvenience of the plaintiff herself, by reason of her being compelled to remain in these alleged cold rooms during these two winters, and catching cold and personal suffering and inconvenience, on that I simply say that the plaintiff would be entitled to recover, if she is entitled to recover at all in this case, such a sum as you in your good judgment» from the evidence, believe would fairly compensate her for her suffering and inconvenience. She has not proved in this case any pecuniary loss in that respect. She has not proved any damages for expenses for medicines, or doctors’ bills, or anything of that kind, but simply on that her own personal suffering and, inconvenience, as nearly as you can measure it in money.
It is stated in 1 Sutherland, Dam. (3d. Ed.) § 45: “An important distinction is to be noted between the extent of responsibility for a tort, and that for breach of contract. The wrongdoer is answerable for all the injurious consequences of his tortious act which, according' to the usual course of events and general experience, were likely to ensue, and which, therefore, when the act was committed, he may reasonably be supposed to have foreseen and anticipated. But for breaches of contracts the parties are not chargeable with damages on this principle. Whatever foresight at the time of the breach the defaulting party may have of the probable consequences, he is not generally held for that reason to any greater responsibility. He is liable only for the direct consequences of the breach, such as usually occur from the infraction of like contracts and were within the contemplation of the parties when the contract was entered into as likely to result from its nonperformance.” See also 13 Cyc. 32, 33.
The principle applicable when there is a breach of contract is very fairly illustrated by the case of Hammer v. Schoenfelder, 47 Wis, 455, 2 N. W. 1129, where the trial court charged the jury that a vendee was entitled to recover all damages naturally resulting from a failure
Chadwick v. Woodward, 12 Daly, 399, and Eschbach v. Hughes, 7 Misc. 172, 27 N. Y. Supp. 320, are cases which illustrate the other extreme — where the damages alleged were held to be too remote. In the former case the lessor had covenanted with his tenant to repair the plumbing, and it was sought to recover damages by reason of illness ■of defendant and his family from the bad sewerage occasioned thereby, and for loss of business by defendant, which he claimed resulted from breach of the- contract. In the latter case it was held that the tenant could not recover damages on account of ill health which was alleged to have grown out of the damp condition of the rooms,, caused by the roof getting out of repair and in a leaky condition; that the covenant to repair the roof was not the proximate cause of the illness.
In the case now under consideration appellant undertook to make the premises comfortably warm for the express purpose of enabling respondent to occupy the same as a residence. The object of the contract being to make the house tenantable, the parties must have contemplated that the absence of heat would make the premises untenantable. It is a matter of common knowledge that insufficiently heated rooms in this climate may cause great physical suffering and inconvenience to persons living in them. But, in a given case, whether personal suffering and inconvenience resulted from the lack of heat depends upon the condition of the premises and the character of occupancy by the tenant, as well as upon the season of the year and the sufficiency of the heating plant, within the reasonable knowledge of the parties.
In this case it does not conclusively appear that at the time the parties entered into the contract they contemplated that as a result of insufficient heat respondent might suffer physically, and be substantially
Order reversed.
Concurrence Opinion
. We concur in the order of reversal, but on the ground that the tjrial court erred in denying defendant’s motion for judgment notwithstanding the verdict, because she had no cause of action.