Bourke v. Bulow

Pennsylvania Court of Common Pleas

Bourke v. Bulow

1 S.C.L. 49

DecidedJuly 1, 1787

StatusPublished

This text of 1 S.C.L. 49 (Bourke v. Bulow) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bourke v. Bulow, 1 S.C.L. 49 (Pa. Super. Ct. 1787).

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Opinion

By the Court

Present, Burke, Heyward, and Grimke, Justices.

The jury, in this case, seem to have exercised a [53]*53very proper discretion, by considering this rather in nature of an assumpsit for a debt due, than in nature of a covenant for a specific performance. They have given the plaintiff what the defendant appears really to have fallen in his debt; though, taking it upon the contract for delivery of flour and tobacco, they might have given larger damages. We do not think it proper to set aside a verdict, because the damages are small, in order that a plaintiff may have another chance of getting more. It is a maxim in law not to do it; nor will we depart from it, unless very peculiar circumstances indeed appear to justify it. None such we pow perceive ; therefore we overrule the motion.

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By the Court

Present, Burke, Heyward, and Grimke, Justices.

The jury, in this case, seem to have exercised a [53]*53very proper discretion, by considering this rather in nature of an assumpsit for a debt due, than in nature of a covenant for a specific performance. They have given the plaintiff what the defendant appears really to have fallen in his debt; though, taking it upon the contract for delivery of flour and tobacco, they might have given larger damages. We do not think it proper to set aside a verdict, because the damages are small, in order that a plaintiff may have another chance of getting more. It is a maxim in law not to do it; nor will we depart from it, unless very peculiar circumstances indeed appear to justify it. None such we pow perceive ; therefore we overrule the motion.

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Bluebook (online)

1 S.C.L. 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bourke-v-bulow-pactcompl-1787.