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... Illustrative Cases on the Law of Sales - Page 267by Roger William Cooley - 1913 - 285 pagesFull view - About this book
| 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... | |
| Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1861 - 722 pages
...Company. as well as losses sustained; and this rule is subject to but two conditions. The damages must be such as may fairly be supposed to have entered into...contemplation of the parties when they made the contract; that is, must be such as might naturally be expected to follow its violation." they must be certain... | |
| 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
...excludes ; not such as, being the immediate and necessary result of the breach of contract, may be fairly supposed to have entered into the contemplation of the parties when they made it, and are capable of being definitely ascertained by reference to established market rates. id See... | |
| John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1866 - 584 pages
...prevented as well as losses sustained; and this rule is subject to but two conditions. The damages must be such as may fairly be supposed to have entered into...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,... | |
| Isaac Fletcher Redfield - Railroad law - 1867 - 944 pages
...and not such as, being the immediate and necessary result of the breach of contract, may be fairly supposed to have entered into the contemplation of the parties when they made it, and are capable of being definitely ascertained by reference to established market rates. This... | |
| William L. Scott, Milton P. Jarnagin (of Memphis, Tenn.) - Telegraph - 1868 - 602 pages
...prevented, as well as losses sustained; and this rule is subject to but two conditions: the damages must be such as may fairly be supposed to have entered into...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,... | |
| 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
...traced to the breach complained of, are excluded. Under the former rule, such damages are only allowed, as may fairly be supposed, to have entered into the...contemplation of the parties when they made the contract, as might naturally be expected to follow its violation. It is not required, that the parties must have... | |
| Law - 1871 - 530 pages
...profits ; not such as, being the Immediate and necessary result of the breach of contract, may be fairly supposed to have entered into the contemplation of the parties when they made it, and are capable of being definitely ascertained by reference to established market rates. Pothler... | |
| Isaac Grant Thompson - Law reports, digests, etc - 1871 - 670 pages
...traced to the breach complained of, are excluded. Under the former rule, such damages are only allowed as may fairly be supposed to have entered into the...contemplation of the parties when they made the contract, as might natuLeonard v. The New York, Albany and Buffalo Electro-Magnetic Telegraph Co. rally be expected... | |
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