Buck v. Morrow
Texas Court of Civil Appeals
8 S.W. 329 (Tex. Civ. App. 1888)
H.C. Morrow (defendant) leased pastureland to A.C. Buck (plaintiff) for five years, with a clause requiring Morrow to compensate Buck for losses if Morrow sold the land after the second year; both parties knew Buck intended to use the pasture to graze 140 cattle. After Morrow sold the land following the second year, Buck lost use of the pasture and couldn't find a replacement for five months, forcing him to hire an extra worker at $1.50 per day to manage the cattle on open range and resulting in the loss of 15 cattle worth $15 each despite reasonable diligence. The trial court excluded evidence of these specific losses, limiting damages to the difference between the contract rent and the pasture's rental value for the remaining lease term.
Whether a tenant may recover special damages for a landlord's breach of a lease when those damages are the natural and proximate result of the breach and were reasonably contemplated by the parties at the time of contracting.