 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 Argued and Determined in the Court of Appeals of the State ... - Page 566by New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1870Full view - About this book
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1861 - 722 pages
...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 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 be certain... | |
 | John Scott, Great Britain. Court of Common Pleas - 1866 - 584 pages
...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 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,... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1866 - 716 pages
...is completely within the rule laid down in Griffin v. Colver, (16 NY Rep. 489-494.) If anything can be supposed to have entered into the contemplation of the parties when the message was ordered, it can be nothing else than the price of gold and the sum which the amount... | |
 | Isaac Fletcher Redfield - 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.) - 1868 - 602 pages
...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 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,... | |
 | 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 - 1871 - 670 pages
...of contract, and they must be certain, both in their nature and in respect to the cause from whict they proceed. Under this latter rule, speculative,...the parties when they made the contract, as might natuLeonard v. The New York, Albany and Buffalo Electro-Magnetic Telegraph Co. rally be expected to... | |
 | 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... | |
 | John Dawson Mayne - 1872 - 564 pages
...America is Griffin v. 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 ; anil they must... | |
 | Isaac Fletcher Redfield - 1873 - 840 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 transmit the message to Buffalo, and hand it to the American Company there, paying the charge to New... | |
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