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... Albany Law Journal - Seite 3601871Vollansicht - Über dieses Buch
| New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1859 - 662 Seiten
...party himself is to be employed, could hardly be regarded as such a risk. It is only those risks which may fairly be supposed to have entered into the contemplation of the parties in making the contract which fall within the rule, assuming such rule to rest upon the reason just... | |
| Oliver Lorenzo Barbour, New York (State). Supreme Court - 1861 - 722 Seiten
...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... | |
| New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1864 - 668 Seiten
...excludes ; 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. id See... | |
| John Scott, Great Britain. Court of Common Pleas - 1866 - 584 Seiten
...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 Seiten
...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 Seiten
...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 Seiten
...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,... | |
| Isaac Grant Thompson - 1871 - 670 Seiten
...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,...contemplation of the parties when they made the contract, as might natuLeonard v. The New York, Albany and Buffalo Electro-Magnetic Telegraph Co. rally be expected... | |
| 1871 - 874 Seiten
...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... | |
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