Summary

McGuire v. Gerstley — Opinion of the Court

The damages alleged in the pleas are most remote, vague, and shadowy in their nature, such as could not have been contemplated by any party to the alleged agreement, as the probable result of its violation. While rules of pleading have become more liberal in modern days, yet, in order to found a cause of action on the alleged shortcomings of another, they must at least be so far plainly set up as to show actual damage and the wrongful act of the other party as the proximate and natural cause.
Source: Wikisource

McGuire v. Gerstley — Opinion of the Court

The particulars of the alleged resulting damages should be so far set forth that the court may be able to see therefrom that such alleged damages are neither obscure, vague, nor shadowy, but might, and probably would, naturally result from the acts complained of. Within such limitations, which have always existed, the three pleas are insufficient.
Source: Wikisource

McGuire v. Gerstley — Opinion of the Court

Ct. Rep. 46; Domestic Sewing Mach. Co. v. Webster, 47 Iowa, 357. In holding these pleas insufficient we think the court below was right.
This leaves the fourth (the first additional) and the sixth (the third additional) pleas. The fourth plea alleges that the merchandise referred to in the bond was to be sold at and for certain prices specified in a letter dated August 25, 1903, and sent by plaintiffs to Monaghan and McGuire.
Source: Wikisource

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