On the other hand, the promisee may, if he thinks proper, treat the repudiation of the other party as a wrongful putting an end to the contract, and may at once bring his action as on a breach of it; and in such action he will be entitled to such damages... The Southwestern Reporter - Page 1511920Full view - About this book
| 1886 - 548 pages
...repudiation of the other party as a wrongful putting an end to the contract, and may at once bring his action as on a breach of it ; and in such action he...entitled to such damages as would have arisen from nonperformance of the contract at the appointed time, subject however to abatement in respect of any... | |
| 1872 - 438 pages
...wrongful putting an end to the contract, and may at once bring his action on the breach of it ; in which action he will be entitled to such damages as would have arisen from the non-pert ormanoe of the contract at the prescribed time, subject, however, to abatement in respect... | |
| Nathaniel Cleveland Moak - 1872 - 788 pages
...repudiation of the other party as a wrongful putting an end to the contract, and may at once bring his action as on a breach of it; and in such action he...have afforded him the means of mitigating his loss. Considering this to be now settled law, notwithstanding any thing that may have been held or said in... | |
| John Dawson Mayne - 1872 - 564 pages
...wrongful putting an end to the contract, and may at once bring his action as on a breach of it, and will be entitled to such damages as would have arisen...have afforded him the means of mitigating his loss; Frost v. Knight, LR 7 Ex. at p. 113 ; 41 LJ Ex. at p. 79, in Ex. Ch.] (q) Short v. M'Cartky, 3 B. &... | |
| 1872 - 218 pages
...entitled to euch damages as would have arisen from the nenperformance of the contract at the prescribed time, subject, however, to abatement in respect of...have afforded him the means of mitigating his loss. Considering this to be now settled law, notwithstanding anything that may have been held or said in... | |
| India - 1878 - 710 pages
...repudiation of the other party as a wrongful putting an end to the contract, and may at once bring hia action as on a breach of it ; and in such action he...have afforded him the means of mitigating his loss." On the other hand, the promisee may, if he pleases, " treat the notice of intention as inoperative,... | |
| Great Britain. Court of Common Pleas - 1873 - 770 pages
...repudiation of the other party as a wrongful putting an end to the contract, and may at once bring his action as on a breach of it ; and in such action he...entitled to such damages as would have arisen from the (1) Law Kep. 7 Ex. 111. non-performance of the contract at the appointed time," that is, 1873 from... | |
| Indiana. Superior Court, Oliver Morris Wilson - 1875 - 658 pages
...repudiation of the other party as a wrongful putting an end to the contract, and may at once bring his action as on a breach of it ; and in such action he will be entitled to such damages as wouid have arisen from the non-performance of the contract at the appointed time, subject, however,... | |
| Nathaniel Cleveland Moak - 1877 - 1000 pages
...repudiation of the other party as a wrongful putting an end to the contract, and may at once bring his action as on a breach of it ; and in such action he will be entitled to such 181] damages as would have arisen from *the non performance of the contract at the appointed time,"... | |
| 1879 - 494 pages
...breach of it ; and in such action, his Lordship accepted as settled law the principle that the promisee will be entitled to such damages as would have arisen...contract at the appointed time, subject, however, to the abatement in respect of any circumstances which may have afforded him the means of mitigating his... | |
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