 | Oliver Lorenzo Barbour - 1860 - 712 Seiten
...refusal to perform his agreement. The general rule is that the party injured by a breach of a contract is entitled to recover all his damages, including gains prevented, as well as losses sustained, provided they are certain, and such as might naturally be expected to follow the breach. (Griffin v.... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1861 - 722 Seiten
...the court of appeals concurred) in the case of Griffin v. Colver, (16 N. 7. Hep. 489,) as follows : " The broad general rule in such cases is, that the...recover all his damages, including gains prevented Landsberger v. American Telegraph Company. as well as losses sustained; and this rule is subject 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 Seiten
...engine may be recovered as damages. rhe general rule is, that the party injured by a breach of contract, is entitled to recover all his damages, including gains prevented as well as losses sustained, provided they are certain, and such as might naturally be expected to follow the breach. It is only... | |
 | John Scott, Great Britain. Court of Common Pleas - 1866 - 584 Seiten
...compensation for the injury sustained,' but 'seeks rather to divide than satisfy the loss' (Sedgwick, ch. 8). The broad general rule in such cases, is, that the...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... | |
 | Isaac Fletcher Redfield - 1867 - 930 Seiten
...should not be applied to cases of this character, as that the party injured by a breach of contract is entitled to recover all his damages, including gains prevented as well as losses sustained, provided they are certain and such as might naturally be expected to follow the breach.12 It is here... | |
 | William L. Scott, Milton P. Jarnagin (of Memphis, Tenn.) - 1868 - 602 Seiten
...contract," as the true rule. 1 § 392. The rule is thus stated in New York, in Griffin v. Colver: 2 " The broad, general rule in such cases is, that the party injured is entitled to recover all the damages, including gains prevented, as well as losses sustained; and this rule is subject to but... | |
 | New York (State). Court of Appeals, Joel Tiffany - 1868 - 434 Seiten
...of this State, and applied in numerous cases, is, that a party injured by the breach of a contract is entitled to recover all his damages, including gains prevented as well as losses sustained, provided they are certain, and such as might naturally be expected to follow the breach. (See Griffin... | |
 | 1875 - 438 Seiten
..."profits which would certainly have been realized but for the defendant's default, are recoverable," and that "the party injured is entitled to recover all...including gains prevented as well as losses^ sustained," which language is relied on by the court, in Passinger v. Thin-burn; but they also say, "those" profits... | |
 | Charles Patrick Daly - 1870 - 604 Seiten
...which it relates. It was declared in Griffin v. Colver, that the party injured by a breach of contract is entitled to recover all his damages, including gains prevented as well as losses sustained, provided they are certain and such as might naturally be expected to follow the breach. In Passenger... | |
 | 1871 - 530 Seiten
...reviewed with great care, and the conclusion reached Is, that the party injured by a breach of contract Is entitled to recover all his damages, Including gains prevented as well as losses sustained, provided they are certain, and such as might naturally be expected to follow the breach. They exclude... | |
| |
The broad, general rule in such cases is, that the party injured is entitled to recover all his damages, including gains 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... 
