 On the other hand, the promisee may, if he thinks proper, treat the repudiation of the other party as a wrongful putting an end to the contract, and may at once bring his action as on a breach of it; and in such action he will be entitled to such damages...  The New York Supplement - Page 4031899Full view - About this book
 | Law - 1886 - 548 pages
...on a breach of it ; and in such action he will be entitled to such damages as would have arisen from nonperformance of the contract at the appointed time,...have afforded him the means of mitigating his loss." That expression of the law was cited with approval by Keating, J., in the case of Roper v. Johnson,... | |
 | Law - 1872 - 438 pages
...putting an end to the contract, and may at once bring his action on the breach of it ; in which action he will be entitled to such damages as would have arisen from the non-pert ormanoe of the contract at the prescribed time, subject, however, to abatement in respect... | |
 | John Dawson Mayne - Damages - 1872 - 564 pages
...wrongful putting an end to the contract, and may at once bring his action as on a breach of it, and will be entitled to such damages as would have arisen...have afforded him the means of mitigating his loss; Frost v. Knight, LR 7 Ex. at p. 113 ; 41 LJ Ex. at p. 79, in Ex. Ch.] (q) Short v. M'Cartky, 3 B. &... | |
 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1872 - 788 pages
...an end to the contract, and may at once bring his action as on a breach of it; and in such action he will be entitled to such damages as would have arisen...have afforded him the means of mitigating his loss. Considering this to be now settled law, notwithstanding any thing that may have been held or said in... | |
 | Law - 1872 - 218 pages
...entitled to euch damages as would have arisen from the nenperformance of the contract at the prescribed time, subject, however, to abatement in respect of...have afforded him the means of mitigating his loss. Considering this to be now settled law, notwithstanding anything that may have been held or said in... | |
 | India - Contracts - 1878 - 710 pages
...end to the contract, and may at once bring hia action as on a breach of it ; and in such action he will be entitled to such damages as would have arisen...have afforded him the means of mitigating his loss." On the other hand, the promisee may, if he pleases, " treat the notice of intention as inoperative,... | |
 | Great Britain. Court of Common Pleas - Law reports, digests, etc - 1873 - 770 pages
...end to the contract, and may at once bring his action as on a breach of it ; and in such action he will be entitled to such damages as would have arisen from the (1) Law Kep. 7 Ex. 111. non-performance of the contract at the appointed time," that is, 1873 from... | |
 | Indiana. Superior Court, Oliver Morris Wilson - Law reports, digests, etc - 1875 - 658 pages
...bring his action as on a breach of it ; and in such action he will be entitled to such damages as wouid have arisen from the non-performance of the contract...have afforded him the means of mitigating his loss." Frost v. Knight, Law Reports, 7 Exchequer 111. See, also, Hochster v. De la Tour, 2 E. fy B., 678;... | |
 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1877 - 1000 pages
...end to the contract, and may at once bring his action as on a breach of it ; and in such action he will be entitled to such damages as would have arisen from the non performance of the contract at the appointed time." And he adds this qualification, — -"Subject,... | |
 | Law - 1879 - 494 pages
...breach of it ; and in such action, his Lordship accepted as settled law the principle that the promisee will be entitled to such damages as would have arisen...contract at the appointed time, subject, however, to the abatement in respect of any circumstances which may have afforded him the means of mitigating his... | |
| |
