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Buck v. Morrow

Court of Civil Appeals for Texas
21 S.W. 398 (1893)



H.C. Morrow (defendant) leased a pasture to A.C. Buck (plaintiff), with a term of five years for $125 per year. The lease agreement provided that, if Morrow sold the land after the second year, Morrow would compensate Buck for any or all losses caused by the sale. The parties agreed that Buck planned to use the pasture to graze cattle. After the second year of the lease, Morrow sold the land, and Buck could no longer use the property. Buck had 140 cattle on the property and could not find another pasture for five months. During those five months, Buck had to employ an extra person to look after the cattle because the cattle had to be turned out onto the range at large. This extra person was paid $1.50 per day. Additionally, 15 of the cattle were lost during the five months despite using reasonable diligence to watch over them. Each of the cattle was worth $15. The trial court excluded the testimony related to these expenses and ruled that the measure of damages was limited to the difference between the contract price and the rental value of the pasture for the unexpired term.

Rule of Law


Holding and Reasoning (Stephens, J.)

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