 | 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... | |
 | 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
...cases is, that the party injured is entitled to recover all his damages, including gains prevented as well as losses sustained ; and this rule is subject to but two conditions. The damages Griffin v. Colver. must be such as may fairly be supposed to have entered into the contemplation of... | |
 | 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
...cases is, that the party injured is entitled to recover all the damages, including gains prevented, as well as losses sustained; and this rule is subject...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;... | |
 | Law - 1888 - 556 pages
...Baltimore It. Co. v. Hmrard, 22 How. 307. In Griffin v. Colcer, 10 NY 489, the rule was stated to be that " the damages must be such as may fairly be supposed...the parties when they made the contract; that is, they must be such as might naturally be expected to follow its violation; and they must be certain... | |
 | Law - 1890 - 542 pages
...amount or extent of which it was not necessary for it to know. " It is only necessary that the damages be such as may fairly be supposed to have entered...the parties when they made the contract — that is, such as might naturally be expected to follow its violation ; " and it was only necessary for the company... | |
 | 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... | |
 | Law - 1871 - 874 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 arc capable of being definitely ascertained by reference to established market rates. Puthier... | |
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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 such as might naturally be expected to follow its violation ; and they must be certain, both in their nature... 
