Nurse v. Barns – Case Brief
Nurse v. Barns, King’s Bench, Sir T. Raym 77 (1664).
Facts: P alleged that D had agreed to let him use certain iron mills for 10 pounds for a period of six months. P relied on the contract and incurred expenses in preparation of using the mills. D breached the agreement and P sued and was awarded 500 pounds by the jury. D appealed.
Issue: Are special damages recoverable in a suit for breach of contract?
Holding and Rule: Yes. Special damages are recoverable in a suit for breach of contract. P was awarded compensation for the expenses he had incurred in reliance on the contract. The court held that the fact that the contract was only for 10 pounds did not have a real bearing on the issue of damages resulting from the breach.