 For such loss would neither have flowed naturally from the breach of this contract in the great multitude of such cases occurring under ordinary circumstances, nor were the special circumstances, which, perhaps, would have made it a reasonable and natural...  The Monthly Law Reporter - Page 4731855Full view - About this book
 | Law - 1854 - 836 pages
...such loss would neither have followed naturally from breach of this contract in the great multitude of cases occurring under ordinary circumstances, nor...breach of contract, communicated to or known by the defendant. The judge ought, therefore, to have told the jury that, upon the facts then before them,... | |
 | Edmund Powell - Evidence - 1856 - 456 pages
...made this contract : for such loss would not naturally have flowed from the breach of this contract in the great multitude of such cases, occurring under...breach of contract, communicated to or known by the defendant." But, although a plaintiff cannot claim damages on a breach of contract, according to a... | |
 | Ontario. Court of Common Pleas - Law reports, digests, etc - 1856 - 594 pages
...would neither have flowed naturally from the breach of this contract in the great multitude of gu'.'h cases occurring under ordinary circumstances, nor...contract, communicated to or known by the defendants." In Eobinson v. Harman (1 Ex. 854) Parke, Baron, states the rule of the common law is, " that where... | |
 | Edmund Powell - Evidence (Law) - 1859 - 540 pages
...made this contract : for such loss would not naturally have flowed from the breach of this contract in the great multitude of such cases, occurring under...breach of contract, communicated to or known by the defendant." 1 In such cases it has been suggested that the proper measure of damages for the non-delivery... | |
 | John Hutton Balfour Browne - Carriers - 1883 - 818 pages
...this contract. For such loss would neither have flowed naturally from the breach of this contract in the great multitude of such cases occurring under...such breach of contract, communicated to or known by t lie defendants. The judge ought, therefore, to have told the jury that upon the facts then before... | |
 | Edmund B. Ivatts - Carriers - 1883 - 1168 pages
...loss of profits could not reasonably be contemplated by the two parties. The Judge trying the case ought, therefore, to have told the Jury that upon the facts then before them they ought not to take a loss of profits into consideration at all in estimating the damages. There must, therefore, be a... | |
 | Law reports, digests, etc - 1908 - 1156 pages
...to deprive them." The court granted a new trial in that case upon the ground that "the Judge ought to have told the jury that upon the facts then before...Into consideration at all In estimating the damages." The second branch of this rule, like the famous judgment of Chief Justice Marsball in Marbury v. Madison,... | |
 | Colin Blackburn Baron Blackburn - Sales - 1887 - 478 pages
...from the breach of this con" tract in the great nmltitude of such cases occurring under ordi" nary circumstances ; nor were the special circumstances,..."perhaps, would have made it a reasonable and natural conso" quence of such breach of contract, communicated to, or known by "the defendants." This case... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1888 - 992 pages
...occurred, and these special circumstances hero were never communicated by the plaintiff to the defendant The judge ought therefore to have told the jury that,...into consideration at all in estimating the damages." The decision in ffadley v. Saxendale overrules that in the case of Borroflailt v. Brunton, 8 Taunt.... | |
 | John William Smith - Law reports, digests, etc - 1889 - 760 pages
...unjust to deprive them." And the court granted a ne.v trial upon the ground that, "The judge ought to have told the jury that upon the facts then before...into consideration at all in estimating the damages." The rule enunciated by the Lord Chief liaron (Pollock), in Bigbij v. Hewit, 5 Exch. 243, viz., that,... | |
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