What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
action actual ages agreed agreement allowed amount appeared applied authority breach of contract brought building caused Chicago circumstances claim common consequence considered contemplation continued costs course court crop decision defendant defendant's delay deliver difference direct entitled established estimate evidence expected expense fact failed failure follow furnish gain give given ground held injury interest Jones judgment jury land liable limited loss lost Mass matter measure of damages mental mill natural nominal damages notice ordinary owner paid party payment performance plain plaintiff possession premises prevented principle probable profits proper proved purchaser question reasonable received recover compensation recovery regard remote rent repair result rule says seems shown Smith sold suffered suit sustained taken tion tort trespass trial wrong wrongfully York
Page 207 - 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, 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 424 - ... certain time or otherwise, the jury, on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time...
Page 204 - ... 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 those special circumstances so known and communicated.
Page 35 - We think that the true rule of law is that the person who, for his own purposes, brings on his land 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 21 - For all manner of trespass, whether it be for ox, for ass, for sheep, for raiment, or for any manner of lost thing, which another challengeth to be his, the cause of both parties shall come before the judges ; and whom the judges shall condemn, he shall pay double unto his neighbour.
Page 205 - ... 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 nature and in respect to the cause from which they proceed.
Page 280 - Profits or advantages which are the direct and immediate fruits of the contract entered into between the parties are part and parcel of the contract itself, entering into and constituting a portion of its very elements, something stipulated for, and the right to the enjoyment of which is just as clear and plain as to the fulfillment of any other stipulation.
Page 424 - Upon all debts or sums certain, payable at a certain time or otherwise, the jury on the trial of any issue or on any inquisition of damages, may, if they shall think fit (z), allow interest to the creditor at a rate not exceeding the current rate of interest...
Page 243 - Whenever special or extraordinary damages, such as would not naturally or ordinarily follow a breach, have been awarded for the nonperformance of contracts, whether for the sale or carriage of goods, or for the delivery of messages by telegraph, it has been for the reason that the contracts have been made with reference to peculiar circumstances known to both, and the particular loss has been in the contemplation of both, at the time of making the contract, as a contingency that might follow the...