Lawyers' Reports Annotated, Book 52Lawyers' Co-operative Publishing Company, 1901 - Law reports, digests, etc |
Other editions - View all
Common terms and phrases
action alleged amount appellant appellee applied Asso authority Bank breach of contract cause Chicago claim coal Conn Connecticut Mut Constitution contract of sale contract price County defendant delivery difference earnings entitled to recover error evidence ex rel execution fact furnish held insurable interest Iowa judgment jury land liable loss of profits manufacture market value Mass measure of damages ment mill Minn N. Y. Supp negligence officer official bond Ohio St owner P. R. Co paid party performance plaintiff plaintiff in error premises profits lost purchaser purpose question railroad reason received refusal rule sell sheriff sold statute street suit sureties sustained Teleg Tenn thereof tion tort tract trespass U. S. App Union Mut vendee vendor
Popular passages
Page 155 - 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 234 - We think that the true rule of law is, that the person who, for his own purposes, brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 155 - ... 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 37 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been complied with, and unless commenced within twelve months next after inception of the loss.
Page 156 - But, on the other hand, if these special circumstances were wholly unknown to the party breaking the contract, he, at the most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract.
Page 261 - HOLMES delivered the opinion of the court. The question in this case is whether the following instrument is entitled to probate: "Washington, DC Aug. 31
Page 228 - Granting to any corporation, association or individual any special or exclusive privilege, immunity or franchise whatever.
Page 127 - ... property which prior to the filing of the petition he could by any means have transferred or which might have been levied upon and sold under judicial process against him...
Page 38 - The assured will take a complete itemized inventory of stock on hand at least once in each calendar year and, unless such inventory has been taken within twelve calendar months prior to the date of this policy, one shall be taken in detail within 30 days of issuance of this policy, or this policy shall be null and void from such date, and upon demand of the assured the unearned premium from such date shall be returned.
Page 264 - Their general duty is not to change, but to work out, the principles already sanctioned by the practice of the past. No one supposes that a judge is at liberty to decide with sole reference even to his strongest convictions of policy and right. His duty in general is to develop the principles which he finds with such consistency as he may be able to attain.