50 S.E. 549 | S.C. | 1905
The general principles relating to the recovery of damages, may be said to have been definitely settled since the leading case of Hadley v. Baxendale, 9 Exch., 341. The difficulty arises when it becomes necessary to apply the general principles to the facts of the particular case. The principles indicated in the case of Hadley v. Baxendale are thus succinctly stated in section 14 of Wood's Mayne on Damages: "First. That damages which may fairly and reasonably be considered as naturally arising from a breach of contract, according to the usual course of things, are always recoverable. Second. That damages which would not arise in the usual course of things from a breach of contract, but which do arise from circumstances peculiar to the special case, are not recoverable, unless the special circumstances are known to the person who has broken the contract." This language is quoted with approval in Sitton
v. McDonald,
The case of Mood v. Tel. Co.,
We proceed to apply these principles to the facts of the case under consideration. A rice huller may be purchased for various purposes. For instance, it might be bought for private use, or for sale, or for making profit by hulling rice for the public. The case of Hays v. Tel. Co.,
We will consider whether his Honor, the presiding Judge, erred in ruling that there was evidence of notice on the part of the defendant. His ruling was based upon the fact that *87 the huller was shipped to W.H. Gibbes Co., with a bill of lading at Copes, instead of Columbia, S.C. the usual place of business of said firm. His view was that the defendant was bound to consider this fact in determining the purpose for which the huller was to be used by the plaintiff, as the real party in interest, and the transferee of the bill of lading. We do think this testimony tended to show that the plaintiff purchased the huller for the purpose of making profit by hulling for the public. This ruling was likewise erroneous.
The last question is whether there was error in refusing to strike out the words, "and caused a number of persons who had engaged the plaintiff to hull their rice to take it elsewhere," in paragraph 6 of the complaint. The object in alleging that fact was to enable the plaintiff to prove special damages. The plaintiff failed to allege notice of this fact on the part of the defendant. Therefore the allegation should have been struck out as the plaintiff could derive no benefit from it, without the further allegation of notice on the part of the defendant.
It is the judgment of this Court, that the judgment of the Circuit Court be reversed, and the case remanded to that Court for a new trial.