 ... special circumstances were wholly unknown to the party breaking the contract, he at the most could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected...  The Atlantic Reporter - Page 3961908Full view - About this book
 | Law - 1855 - 736 pages
...by any special circumstances from such a breach of contract. For, had the special circircumstances been known, the parties might have specially provided...advantage it would be very unjust to deprive them. Now, the above principles are those by which we think the jury ought to be guided, in estimating the... | |
 | Law - 1854 - 836 pages
...arise generally ; and in the great multitude of cases not affected by any special circumstances from such a breach of contract. For, had the special circumstances been known, the parties might have been special!; provided for by the breach of contract by special terms as to the damages in that case,... | |
 | Law - 1855 - 414 pages
...arise generally, and, in the great multitude of cases not affected by any special circumstances, from such a breach of contract. For, had the special circumstances...the parties might have specially provided for the event of a breach of contract occurring, by special terms as to the damages to be paid in such case... | |
 | Electronic journals - 1855 - 804 pages
...arise generally, and, in the great multitude of cases not affected by any special circumstances, from such a breach of contract. For, had the special circumstances...the parties might have specially provided for the event of a breach of contract occurring, by special terms as to the damages to be paid in such case... | |
 | William Tidd - Civil procedure - 1856 - 838 pages
...arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract. For had the special circumstances been known, the parties might hare specially provided for the breach of contract by special terms as to the damages in that case... | |
 | Theodore Sedgwick - Damages - 1858 - 778 pages
...contract under these special circumstances so known and communicated. But, on the other hand, if those special circumstances were wholly unknown to the party...special circumstances been known, the parties might have expressly provided for the breach of contract by special terms as to the damage in that case, and of... | |
 | William Selwyn - Nisi prius - 1861 - 840 pages
...arise generally, and, in the great multitude of cases, not affected by any special circumstances from such a breach of contract. For had the special circumstances...advantage it would be very unjust to deprive them. In the present case we find that the only circumstances communicated by the plaintiff to the defendant... | |
 | Theophilus Parsons - Consideration (Law) - 1866 - 810 pages
...arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract. For had the special circumstances been known, the parties might have especially provided for the breach of contract, by special terms as to the damages in that case, and... | |
 | William L. Scott, Milton P. Jarnagin (of Memphis, Tenn.) - Telegraph - 1868 - 602 pages
...contract under these special circumstances, so known and communicated. But, on the other hand, if those special circumstances were wholly unknown to the party...special circumstances been known, the parties might have expressly provided for the breach of contract by special terms as to the damages in that case, and... | |
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