PAGE.

Consequential damages, must be averred in the declaration..

68

66

66

66

Consideration money, fixes the damages in case of eviction,

statement of, when conclusive,

in cases of bills or notes,

Conspiracy, writ of, and action on the case for,
Continuing agreements,

66

Contracts generally, rule of damages as to,

when consideration to be paid in land or services,
furnishes the measure of damages,

159

172

238

558

implied,

66

66

66

when entire, damages for part performance of,

66

66

for forbearance, damages on, .

as against vendee, is the price agreed, or the actual loss the

Conversion, time of in Massachusetts, fixes rule of damages in trover, . 480

237

Costs, when recoverable by parties to negotiable paper,

332

99

38, 95, 97

96

97

98
99, note

Courts of the United States, damages with reference to their jurisdiction, 578
Court, power of, over question of damages,

594
151
305, et seq.

178

152, et seq.

175

. 165, 194, 333
156, et seq.

Damages, derivation of, according to the digest, Grotius and Coke, 20, 21, 29

original vagueness of the English Law as to the measure of,
66 measure of, distinction between this and cause of action,

Death of a human being gives no claim for damages at law,

24

31, 112

pleaded,

Debt, interest cannot be assessed in damages,

Default, damages after, when assessed by court,

Defense, matter of, arising after suit brought, when to be specially

Demurrer, damage after, when assessed by the court,

Departure from terms of contract, how it affects the damages, 215, 221, et seq.

Deviation from contract, how it affects the remedy,

Deviation on voyage, damages for,

Diseased cattle, damages for entry of,

Distress, illegal damages for,

215, et seq.

89

135

535, 549

387

22,599

E.

153, and note

118
119

improvements, whether allowed for in,

120
121, 126

Election to recoup,

66

of remedies, (trover, trespass, assumpsit,)
Eminent domain, compensation when the right is exercised,
Enticing apprentices and servants, damages for, .

Entire contracts, no damages for part performance of,
Entire demands, not to be split up,

Equity differs from common law as to damages, how,
Error, damages on affirmance of writs of,

Escape, action against sheriff for,

Excessive damages, when verdicts set aside on account of,

118

Executory contracts of sale, right to return property, when agreement

False imprisonment, damages in,

False representations, damages in, case of,

Feeling, injury to, damages not allowed for, when,

Felony, where tort amounts to,

Ferry, damages for not maintaining,

Fire, damages for setting,

Fire insurance,

Flooding land, damages for,

Fluctuations in value under continuing agreements,

Forbearance, damages on contracts for,

"Forfeit and pay," meaning of the phrase,