Newbold v. Meadows Fertilizer Co., 199 N.C. 552 (1930)

Oct. 8, 1930 · Supreme Court of North Carolina

199 N.C. 552

ANNIE L. NEWBOLD and W. A. NEWBOLD v. MEADOWS FERTILIZER COMPANY.

(Filed 8 October, 1930.)

Damages O a — Plaintiff may not recover where damage is remote, uncertain and speculative.

The plaintiff may not recover damages for breach by the defendant of a contract to ship fertilizer when the plaintiff’s losses to crops are contingent, speculative, or merely possible, and are not such as in the ordinary course of things are reasonably proximate and certain.

Appeal by plaintiffs from Grady, J., at April Term, 1930, of Onslow.

Affirmed.

N. E. Bay and Dawson '& J ones for plaintiffs.

John D. Warliclc and L. I. Moore for defendant.

Pee Cukiam.

Tbe plaintiffs claim to have given tbe defendant an order for fertilizer wbicb was never filled, and for tbe defendant’s alleged breach of a contract to ship fertilizer they seek to recover damages. At tbe close of tbe evidence tbe trial judge intimated an opinion that only nominal damages, if any, could be recovered. Tbe plaintiffs submitted to a nonsuit and appealed. This ruling is sustained by authorities to tbe effect that damages are not allowed for losses wbicb are contingent, speculative, or merely possible and are not such as in tbe ordinary course of things are reasonably proximate and certain. Tbe evidence fails to establish a standard by wbicb tbe alleged loss may be determined with sufficient certainty.

We have considered all tbe assignments of error and find no satisfactory reason for sustaining them. Judgment

Affirmed.