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Hulse v. White

Hulse and another against White surviving of Wainwright

Hulse v. White, 1 N.J.L. 173 (1793)
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Court
Supreme Court of New Jersey · State Highest Courts
Decided
May 15, 1793
Judges
Cur
Citations
1 N.J.L. 173
Headnotes
Tn an action of covenant on a wammtv, on a sale of lands the plaintiff allowed to prove the value of his improvements as part of the damages sustained. In such action the defendant is not allowed to prove in diminution of damages the profits rece;* ved by plaintiff from the tot
Summary
THIS was an action of covenant brought to recover the v alue of certain lands, conveyed with warrant by the testator to the plaintiff, from whom the same had been subsequently recovered by Jonas Dick and Elizabeth his wife, in an ejectment. In this case the plaintiff offered to prove the value of certain improvements which he had put upon the lands in question, in order to show the amount of damages which he had sustained by tbe breach of covenant. This evidence was objected toby Stockton, but the objection overruled, (a) asked one of the plaintiff’s witnesses whether the plaintiffs had not planted the ground, and. received the profits while they were in possession. The question was objected to by Aa. Ogden, on the ground that they were answerable to the true owner for the mesne profits.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Cur

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Per Cur.

The question is not proper: the defendant cannot avail himself of the use made by plaintiffs of the property of another, in order to lessen the damages. We must suppose that the real owner will have satisfaction for the profits received from his land.

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