 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...  The Central Law Journal - Σελίδα 2321879Πλήρης προβολή - Σχετικά με αυτό το βιβλίο
 | 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 σελίδες
...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 σελίδες
...Telegraph Company. as 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...might naturally be expected to follow its violation." they must be certain both in their nature and in respect to the cause from which they proceed." to... | |
 | 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 σελίδες
...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 σελίδες
...prevented as 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...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.... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1866 - 716 σελίδες
...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 σελίδες
...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 σελίδες
...messages of this description. The true rule being, then, that the damages must be such as may be fairly supposed to have entered into the contemplation of the parties when they made the contract, that is, such as might be naturally expected to follow its violation, it would seem that its proper application... | |
 | 1888 - 556 σελίδες
...Hmrard, 22 How. 307. In Griffin v. Colcer, 10 NY 489, the rule was stated to be that " the damages must be such as may fairly be supposed to have entered...the parties when they made the contract; that is, they must be such as might naturally be expected to follow its violation; and they must be certain... | |
 | 1890 - 542 σελίδες
...amount or extent of which it was not necessary for it to know. " It is only necessary that the damages be such as may fairly be supposed to have entered...the parties when they made the contract — that is, such as might naturally be expected to follow its violation ; " and it was only necessary for the company... | |
 | New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1870 - 704 σελίδες
...traced to the breach complained of, are excluded. Under the former rule, such damages are only allowed, as may fairly be supposed, to have entered into the...contemplation of the parties when they made the contract, as might naturally be expected to follow its violation. It is not required, that the parties must have... | |
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