 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...  The Southwestern Reporter - Page 1101909Full view - About this book
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1912 - 966 pages
...contract should be such as may fairly and reasonably be considered either arising naturally, ie, acording to the usual course of things, from such breach of...contract, as the probable result of the breach of it. Now, if the special circumstances under which the contract was actually made were communicated by the... | |
 | 1855 - 736 pages
...in respect of such breach of contract, should be such as may be fairly and reasonably consideied as either arising naturally, ie according to the usual...contract, as the probable result of the breach of it. Where the plaintiff*, the owners of a flour-mill, sent a broken iron shaft to an office of the defendants,... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1916 - 830 pages
...by the plaintiff, and is the proper one. It follows : "In cases of breach of contract, the damages 'should be such as may fairly and reasonably be considered...probable result of the breach of it.' " This rule, as applied to a like state of facts, is well stated in Friedland v. Myers, 139 NY 432 (34 NE 1055)... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1894 - 758 pages
...respect of such breach of contract should be such as may fairly and reasonably be considered either as arising naturally — ie, according to the usual course...contract, as the probable result of the breach of it. Now, if the special circumstances under which the contract was actually made were communicated by the... | |
 | 1855 - 804 pages
...Hadley vs. Baxendale, 9 Exch. 341, where the following rule in regard to it is laid down : that when the parties " have made a contract which one of them has...contract as the probable result of the breach of it." Where (as the Court in the case just cited proceed to remark) a contract is made with reference to... | |
 | 1855 - 414 pages
...of contract, should be such as may fairly and reasonably be considered cither arising naturally, iet according to the usual course of things, from such...contract as the probable result of the breach of it." Where (as the Court in the case just cited proceed to remark) a contract is made with reference to... | |
 | William Francis Finlason - 1855 - 668 pages
...contract should be such as may fairly and reasonably be considered either arising naturally, that is, according to the usual course of things, from such...contract, as the probable result of the breach of it. The plaintiff's millers had their millshaft broken, and sent it by the defendants, common carriers,... | |
 | Ontario. Court of Common Pleas - 1856 - 594 pages
...have made a contract, which one of them has broken, the damages which the other party ought to recover in respect of such breach of contract should be such...contract as the probable result of the breach of it. Now, if the special circumstances under which the contract was actually made were communicated by the... | |
 | Edmund Powell - 1856 - 456 pages
...respect of such breach of contract, should be either such as may fairly and reasonably be considered arising naturally, ie according to the usual course...contract, as the probable result of the breach of it. Now if the special circumstances under which the contract was actually i Kent's Commentaries, vol.... | |
 | 1855 - 486 pages
...things, from such breach of contract itself, or such as may reasonably be supposed to have been in contemplation of both parties at the time they made...contract as the probable result of the breach of it." The Jury gave the plaintiff 27501. damages in the Court of Exchequer, and referred to rule for a new... | |
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