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" ... 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 nature and in respect to... "
The Law of Electricity: A Treatise on the Rules of the Law Relating to ... - Page 306
by Seymour Dwight Thompson - 1891 - 525 pages
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 17

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 - 1859 - 662 pages
...party himself is to be employed, could hardly be regarded as such a risk. It is only those risks which may fairly be supposed to have entered into the contemplation of the parties in making the contract which fall within the rule, assuming such rule to rest upon the reason just...
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York

Oliver Lorenzo Barbour - Law reports, digests, etc - 1860 - 712 pages
...refusal to perform his agreement. The general rule is that the party injured by a breach of a contract is entitled to recover all his damages, including gains prevented, as well as losses sustained, provided they are certain, and such as might naturally be expected to follow the breach. (Griffin v....
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 32

Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1861 - 722 pages
...Griffin v. Colver, (16 N. 7. Hep. 489,) as follows : " The broad general rule in such cases is, that the party injured is entitled to recover all his damages, including gains prevented Landsberger v. American Telegraph Company. as well as losses sustained; and this rule is subject to...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 16

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
...engine may be recovered as damages. rhe general rule is, that the party injured by a breach of contract, is entitled to recover all his damages, including gains prevented as well as losses sustained, provided they are certain, and such as might naturally be expected to follow the breach. It is only...
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The Law of Railways: Embracing Corporations, Eminent Domain, Contracts ...

Isaac Fletcher Redfield - Railroad law - 1867 - 930 pages
...should not be applied to cases of this character, as that the party injured by a breach of contract is entitled to recover all his damages, including gains prevented as well as losses sustained, provided they are certain and such as might naturally be expected to follow the breach.12 It is here...
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A Treatise Upon the Law of Telegraphs: With an Appendix, Containing the ...

William L. Scott, Milton P. Jarnagin (of Memphis, Tenn.) - Telegraph - 1868 - 602 pages
...2 " The broad, general rule in such cases is, that the party injured is entitled to recover all the damages, including gains prevented, as well as losses...but two conditions: the damages must be such as may be fairly supposed to have entered into the contemplation of the parties when they made the contract;...
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Transcript Appeals: The File of Opinions in Cases Argued Before ..., Volume 7

New York (State). Court of Appeals, Joel Tiffany - Law reports, digests, etc - 1868 - 434 pages
...of this State, and applied in numerous cases, is, that a party injured by the breach of a contract is entitled to recover all his damages, including gains prevented as well as losses sustained, provided they are certain, and such as might naturally be expected to follow the breach. (See Griffin...
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Albany Law Journal, Volume 11

Law - 1875 - 438 pages
...which would certainly have been realized but for the defendant's default, are recoverable," and that "the party injured is entitled to recover all his...including gains prevented as well as losses^ sustained," which language is relied on by the court, in Passinger v. Thin-burn; but they also say, "those" profits...
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Reports of Cases Argued and Determined in the Court of Common ..., Volume 2

Charles Patrick Daly - Law reports, digests, etc - 1870 - 604 pages
...which it relates. It was declared in Griffin v. Colver, that the party injured by a breach of contract is entitled to recover all his damages, including gains prevented as well as losses sustained, provided they are certain and such as might naturally be expected to follow the breach. In Passenger...
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Albany Law Journal, Volume 3

Law - 1871 - 530 pages
...reviewed with great care, and the conclusion reached Is, that the party injured by a breach of contract Is entitled to recover all his damages, Including gains prevented as well as losses sustained, provided they are certain, and such as might naturally be expected to follow the breach. They exclude...
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