The damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract, that is, must be such as might naturally be expected to follow its violation ; and they must be certain, both in their... The Pacific Reporter - Page 151921Full view - About this book
| Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1861 - 722 pages
...they made the contract; that is, must be such as might naturally be expected to follow its violation." they must be certain both in their nature and in respect to the cause from which they proceed." to JJIAI ntch as \J " And;/ The first of these conditions appears to me tojexclude said first two items... | |
| New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1864 - 668 pages
...they made the contract, that is, must be such as might naturally be expected to follow its violation ; and they must be certain, both in their nature and...respect to the cause from which they proceed. The familiar rules on the subject are all subordinate to these. For instance : That the damages must flow... | |
| John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1866 - 584 pages
...they made the contract, that is, must be such as might naturally be expected to follow its violation ; and they must be certain, both in their nature and...respect to the cause from which they proceed. The familiar rules on the subject are all subordinate to these : for instance, that the damages must flow... | |
| William L. Scott, Milton P. Jarnagin (of Memphis, Tenn.) - Telegraph - 1868 - 602 pages
...they made the contract; that is, must be such as might naturally be expected to follow its violation; and they must be certain both in their nature, and in respect to the cause from which they proceed." 3 sidered, it will probably turn out that there is no such thing as a rule as to the legal measure... | |
| North Carolina. Supreme Court - Law reports, digests, etc - 1909 - 1058 pages
...they come within the recognized principles of the law and are allowable. Damages must be reasonably certain, both in their nature and in respect to the cause from, which they proceed. 1 Sutherland, sec. 53. If the evidence of injury to defendant's business is so vague, indefinite and... | |
| New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - Law reports, digests, etc - 1870 - 704 pages
...application by two others. The damages must flow directly and naturally from the breach of contract, and they must be certain, both in their nature and in respect to the cause from which they proceed. Under this latter rule, speculative, contingent and remote damages, which cannot be directly traced... | |
| Law - 1871 - 530 pages
...application by two others. The damages must flow directly and naturally from the breach of contract, and they must be certain, both In their nature and In respect to the cause from which they proceed." Under this latter rule, speculative, contingent and remote damages, which cannot be directly traced... | |
| Law - 1875 - 438 pages
..."those" profits "which are speculative or contingent, are not " recoverable, and the gains prevented "must be certain, both in their nature and in respect to the cause from which they proceed." It is not easy to see how possible profits from a crop that is never raised can be regarded otherwise... | |
| Law - 1888 - 556 pages
...made the contract; that is, they must be such as might naturally be expected to follow its violation; and they must be certain both in their nature and in respect to the canse from which they proceed. The familiar rules oii this subject are alt subordinate to these. For... | |
| Law - 1871 - 874 pages
...application by two others. The damages must flow directly and naturally from the breach of contract, and they must be certain, both in their nature and in respect to the cause from which they proceed." Under this latter rule speculative, contingent and remote damages, which cannot be directly traced... | |
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