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... Reports of Cases Decided in the Court of Appeals of the State of New York - Página 634por New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Edward Jordan Dimock, Edmund Hamilton Smith, Hiram Edward Sickels, Louis J. Rezzemini, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1864Vista completa - Acerca de este libro
| Oliver Lorenzo Barbour, New York (State). Supreme Court - 1861 - 722 páginas
...sustained; and this rule is subject to but two conditions. 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." they must... | |
| John Scott, Great Britain. Court of Common Pleas - 1866 - 584 páginas
...sustained; and this rule is subject to but two conditions. 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... | |
| William L. Scott, Milton P. Jarnagin (of Memphis, Tenn.) - 1868 - 602 páginas
...to-transmit messages of this description. The true rule being, then, that the damages must be such as may be fairly supposed to have entered into the contemplation of the parties when they made the contract, that is, such as might be naturally expected to follow its violation, it would seem that... | |
| 1871 - 530 páginas
...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, and as might naturally be expected to follow its violation. It Is not required that the... | |
| 1871 - 874 páginas
...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, and as might naturally be expected to follow its violation. It is not required that the... | |
| Isaac Grant Thompson - 1871 - 670 páginas
...referee, at least so far as they include interest, loss of profits, or change in market prices, cannot " be fairly supposed to have entered into the contemplation of the parties at the time when they made the contract. Uamlin v. GAR Co., 1 H. & N. 408 ; Lane v. Montreal Telegraph... | |
| Nathan Howard (Jr.) - 1871 - 702 páginas
...operation was suspended for want of the steam engine. (Id.) 6. Such damages only may be recovered as may be fairly supposed to have entered into the contemplation of the of the parties ; such as might naturally be expected to flow from u violation of the contract ; and... | |
| John Dawson Mayne - 1872 - 564 páginas
...Culver, 16 NY 489, -where the rule was stated to be that "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, they must be such as might naturally be expected to follow its violation ;... | |
| Isaac Fletcher Redfield - 1873 - 840 páginas
...breach.13 It is here said, that it is only uncertain and contingent profits which the law excludes, and not such as, being the immediate and necessary result...entered into the contemplation of the parties when they transmit the message to Buffalo, and hand it to the American Company there, paying the charge to New... | |
| 1873 - 680 páginas
...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... | |
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