Cases on Measure of DamagesIsaac Franklin Russell |
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Common terms and phrases
actual damage affirmed agent agreed agreement alleged allowed amount of damages appears appellant applied ascertained assessed assumpsit authorities awarded breach of contract cause of action charge circumstances cited claim compensation Conn consequence contemplation contract price costs court court of equity covenant defendant defendant's delivered delivery difference discharge doctrine earnings entitled to recover estimate evidence exemplary damages expense fact fendant furnish ground held horse incumbrances injury judge judgment jury Justice land liable liquidated damages Lord malice manufactured market value measure of damages ment mill nature negligence nominal damages opinion paid parties penalty performance person plain plaintiff plaintiff in error present principle proof proved punitive damages purchase question R. R. Co Railroad Railroad Co Railway reason recover damages recovery refused result rule of damages speculative stipulated suffering sustained tiff tion tort tract trial vendee vendor verdict wrongful act
Popular passages
Page 281 - Now, if the special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Page 280 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself...
Page 281 - ... such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 290 - ... the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had answered to the warranty.
Page 544 - He was convicted by a jury but the court granted his motion for a new trial on the grounds that the verdict was against the weight of the evidence and certain instructions were contrary to the law.
Page 506 - Mental pain or anxiety the law cannot value, and does not pretend to redress, when the unlawful act complained of causes that alone ; though where a material damage occurs, and is connected with it, it is impossible a jury, in estimating it, should altogether overlook the feelings of the party interested.
Page 252 - The knowledge must be brought home to the party sought to be charged, under such circumstances that he must know that the person he contracts with reasonably believes that he accepts the contract with the special condition attached to it.
Page 597 - States, that the measure of damages is the difference between the contract price and the market value of the article at the time when...
Page 218 - The prima facie measure of damages for the breach of a contract is the amount of the loss which the injured party has sustained thereby. If the breach consists in preventing the performance of the contract, without the fault of the other party, who is willing to perform it, the loss of the latter will consist of two distinct items or grounds of damage, namely: First, what he has already expended towards performance, less the value of materials on hand; secondly, the profits that he would realize...
Page 49 - These are : the bodily injury sustained ; the pain undergone ; the effect on the health of the sufferer, according to its degree and its probable duration as likely to be temporary or permanent...