Buck v. Morrow

21 S.W. 398 (Tex. Civ. App. 1893)

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Nature of the Case

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Facts

Morrow leased land to Buck for a term of five years for the sum of $125 per year, with the provision, that after the second year, should Morrow have occasion to sell the land, he should compensate Buck for any or all losses occasioned by the sale. It was understood between the parties at the time that the land was being leased by Buck to graze cattle. The land was sold, and appellant Buck dispossessed. At trial, Buck attempted to show that he had 140 head of cattle and made diligent inquiry and search for another pasture for the cattle but failed to find one. The cattle were on the range for five months, and it required an extra hand to look after and keep them rounded up, at a cost of $1.50 per day, which was a reasonable charge. Despite these efforts, fifteen of them were lost, reasonably worth $15 per head. , and after diligent search could not be found. This testimony was excluded, on the ground that it was immaterial, the measure of damages being the difference, if any, between the contract price and the rental value of the pasture for the unexpired term. This appeal resulted.