... 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 Supreme Court of the State of North Dakota - Page 129by North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Ames Francis Wilbur, Edgar Whittlesey Camp, John McDowell Cochrane, Edwin James Taylor, Joseph Coghlan - 1918Full view - About this book
| Ontario. High Court of Justice - 1891 - 816 pages
...contract, that is, such as might naturally be expected to follow its violation ; and secondly, they must be certain both in their nature and in respect to the cause from which they proceed : Griffin v. Colver, 16 NY 489, referred to in Corbett v. Johnson, 10 AR at p. 578, where Hadley v.... | |
| Theodore Sedgwick, Arthur George Sedgwick - 1891 - 742 pages
...the contract, that is, must be such as might naturally be expected to follow its violation ; and they must be certain, both in their nature and in respect to the cause from which they proceed." In Brigham v. Carlisle (") the court said : " Profits are not excluded from recovery because they are... | |
| Seymour Dwight Thompson - 1891 - 576 pages
...the contract; that is, must be such as might naturally be expected to follow its violation; and they must be certain, both in their nature and in respect to the cause from which they proceed."2 "The cardinal rule," said EARL, CJ, in a statement of the rule which has never been surpassed,... | |
| Charles Patrick Daly - 1892 - 612 pages
...made the contract; they must be such as might naturally be expected to follow its violation, and they must be certain both in their nature and in respect to the cause from which they proceed " (Manhattan Stamping Works v. Koehler, supra ; Griffin v. Colver, 16 NY 489 ; Cassidy v. Lefevre,... | |
| Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - 1912 - 938 pages
...contract : that is, they must be such as might naturally be expected to follow its violation, and they must be certain, both in their nature and in respect to the cause from which they proceed. Wilcojr r. Richmond &• DR Co., 52 Fed. 264, 3 CCA 73, 17 LR A. 804; Western Union Telegraph Co. v.... | |
| 1893 - 922 pages
...contract. — that is. must be such as might naturally be expected to follow its violation ; and they must be certain, both in their nature and in respect to the cause from which they proceed." Now, in the ease at bar, the damages sustained by plaintiff, and sought to be recovered, if any, are.... | |
| 1893 - 268 pages
...by two others. The damages must flow directly and naturally from the breach of the contract and they must be certain, both in their nature and in respect to the cause from which they proceed. Under this latter rule, speculative, contingent and remote damages, which cannot be directly traced... | |
| Theophilus Parsons - 1893 - 974 pages
...by two others. The damages must flow" directly and naturally from the breach of contract, and they must be certain both in their nature and in respect to the cause from which they proceed. Under this latter rule, speculative, contingent, and remote damages, which cannot be directly traced... | |
| Jabez Gridley Sutherland - 1893 - 1132 pages
...contract ; that is, must be such as might naturally be expected to follow its violation ; and they must be certain both in their nature and in respect to the cause from which they procead." ' And this leads naturally to the consideration of the certainty which is necessary to warrant... | |
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