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" ... the liquidation of damages, after a right to them has accrued by a breach of the contract, is matter proper to be given in evidence to the justice or jury in reduction of damages, but not necessary to be shown to the court, in the first instance,... "
A Practical Treatise on Pleading in Assumpsit - Σελίδα 74
των Edward Lawes - 1810 - 863 σελίδες
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Reports of Cases Argued and Determined in the Court of King's ..., Τόμος 10

Great Britain. Court of King's Bench, Sir Edward Hyde East - 1809 - 540 σελίδες
...breach of which act or duly is complained of; but such part of the contract which respects only the liquidation of damages after a right to them has accrued by a breach of the contract, is not nec«ssary to be set forth in the declaration, but is only matter of evidence to be given to the...

A Practical Treatise on Pleading and on the Parties to Actions and ..., Τόμος 1

Joseph Chitty - 1809 - 550 σελίδες
...to be done in virtue of such consideration ; and the rest of the contract, which only respects the liquidation of damages, after a right to them has accrued by a breach of th« contract, .is matter proper to be given in evidence to the jurj in reduction of damages, but not...

An Abridgment of the Law of Nisi Prius ...

William Selwyn - 1812 - 700 σελίδες
...sum', unless goods above that value are entered and paid for accordingly, amounts only to a limitation of damages, after a right to them has accrued by a breach of the contract, and is matter proper to be given in evidence to the jury in reduction of damages, but forms no part...

Digested Index to the Term Reports

Sir Thomas Edlyne Tomlins - 1812 - 736 σελίδες
...duty is complained of; but such part ot the contract, which respects only the liquidation of dnmagcs after a right to them has accrued by a breach of the contract, is not necessary tobe set forth ill the declaration, but is only matter of evidence to be given to the...

A Treatise on the Parties to Actions, the Forms of Actions, and on Pleading ...

Joseph Chitty - 1819 - 544 σελίδες
...to be done in virtue of such consideration ; and the rest of the contract, which only respects the liquidation of damages, after a right to them has...to be given in evidence to the jury in reduction of damages,61 but not necessary to < be shown to the court in the first instance, on the face of the recoi...

A Treatise on the Civil Jurisdiction of a Justice of the Peace, in the State ...

Esek Cowen - 1821 - 804 σελίδες
...to be done in virtue of such consideration ; and the rest of the contract, which only respects the liquidation of damages, after a right to them has...breach of the contract, is matter proper to be given in evid'encetothe justice or jury in reduction of damages, but not necessary to be shown to the court,...

Reports of Cases Argued and Determined in the Supreme Court: 1823/24

New York (State). Supreme Court, Esek Cowen - 1824 - 828 σελίδες
...be done in virtue of such consideration ; and that the rest of the contract, which only respects the liquidation of damages, after a right to them has...matter proper to be given in evidence to the jury, but not necessary to be shewn to the Court in the first instance, on the face of the record. The principle...

An Essay on the Law of Bailments

William Jones - 1828 - 328 σελίδες
...it be an admission of other parts of the contract, which are distinct and collateral, respecting the liquidation of damage.s after a right to them has accrued by a breach of the contract. Clarke v. Gray, 6 East, 564. In an action of assurapsit against a carrier for the loss of a trunk of...

A Treatise on the Civil Jurisdiction of Justices of the Peace in ..., Μέρος 2

Esek Cowen - 1841 - 698 σελίδες
...to be done in virtue of such consideration ; and the rest of the contract, which only respects the liquidation of damages, after a right to them has...contract, is matter proper to be given in evidence to the justice or jury in reduction of damages, but not necessary to be shown to the court, in the first instance,...

Scott's New Reports in the Court of Common Pleas and Exchequer Chamber [1840 ...

Great Britain. Court of Common Pleas, John Scott - 1841 - 922 σελίδες
...breach of which act or duty is complained of; but such part of the contract which respects only the liquidation of damages after a right to them has accrued by a breach of the contract, need not be set forth in the declaration, but is only matter of evidence to be given to the jury in...




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