10 Or. 342 | Or. | 1882
By the Court,
This was an action brought to recover damages, based upon a written contract to erect a certain building as therein specified, for the consideration of $500, by reason of the defendant’s preventing its fulfillment. At the trial, the plaintiff offered to prove the profits of which he was deprived by the termination of the contract by the defendant, which, upon objection, the court refused to allow him to prove,, and this constitutes the ground of error upon which a reversal is sought. Actual damages include the direct and actual loss which a party sustains when hindered' or prevented from completing his contract. The loss sustained includes the loss of profits which would have been realized as the immediate and necessary result of the fulfillment of
The weight of these authorities press heavily upon the case of the respondent, and to avoid the force of them he contends that the profits should be pleaded. It is true that all damages, however specially alleged, must, to authorize a recovery, be the natural result of the act complained of. But here it is important to note the distinction between those damages -which may be recovered under the general allegation of damages, and those which must be specially pleaded. Damages are either general or special. General, when they are stich as the law implies or presumes to have accrued from the -wrong complained of. Special, when they are such as really .took place and are not implied by law, and are superadded to general damages arising from an act injurious in itself. (Chitty’s Pleading, 395; Sedgwick, supra; 2 Col., 606.) The former, being the direct and immediate result of the act complained of, and necessarily arising out of it, can be recovered under the general allegagation of damages, without stating their particular nature, or how they arose, because the law implies or presumes such damages to follow the breach of the contract or the act or wrong complained of. But the latter, not necessarily resulting from the act complained of, are not implied by law, and require the particular damage which the plaintiff has sustained to be specially alleged, or he will not be permitted to give evidence of it. (Laraway v. Perkins, 10 N. Y., 374; Dumont v. Smith, 1 Denio, 322; Burrill v. New
Judgment reversed.