 | Sir Thomas Edlyne Tomlins - Law reports, digests, etc - 1812 - 736 pages
...replaced, unless he shows that he actually would have made it. The measure of damages on such a bond is the price, at the day when it ought to have been replaced, or the price at Ihe day of Irial, at the option of Ihe plaintiff. M'Arthurv.Seeforth,Ld.2Vif.P.T357 IV. Condition.... | |
 | Samuel Comyn - Contracts - 1824 - 680 pages
...unless he shows that he actually would have made it: but that on a failure to replace stock, the measure of damages is the price at the day when it ought to...trial, at the option of the plaintiff; but not the highest price at any intermediate day : and it appearing that the plaintiff gave a bond conditioned... | |
 | Samuel Francis Thomas Wilde - Conveyancing - 1826 - 682 pages
...the condition, and an action be brought upon the bond, the measure of damages will be the price on the day when it ought to have been replaced, or the price on the day of trial, at the option of the obligee ; see Mac Arthur v. Lord Seaforth, 2 Taunt. '257(3)... | |
 | William Tidd - Civil procedure - 1828 - 666 pages
...action of debt on bond, conditioned for replacing stock, the measure of damages, in case of failure, is the price at the day when it ought to have been replaced, or the price at the day of trial, at the option of the plaintiff. z In an action on a charter-party, damages may be recovered... | |
 | John Simcoe Saunders - Civil procedure - 1831 - 598 pages
...588, 8 Taunt. 540, sc And on a failure of a contract to repia'il stock, it seems, though the measure of damages is the price at the day when it ought to have been replaced, or at the day of the trial, at the option of the plt., M Arthur v. Seaforth, 2 Taunt. 257, Shepherd v.... | |
 | Joseph Chitty - Contracts - 1834 - 850 pages
...stock lent, on a given dav, according to agreement, the measure of damages is the price or value on the day when it ought to have been replaced, or the price on the day of the trial, or on the previous day, at the option of the plaintiff (6). But it seems that... | |
 | Law - 1869 - 492 pages
...shows that he actually would have made it ; and further that on a failure to replace stock, the measure of damages is the price at the day when it ought to...day of the trial, at the option of the plaintiff. The counsel for the plaintiff here sought to recover the price upon an intermediate day wh;n the price... | |
 | Joseph Chitty - Forms (Law) - 1844 - 808 pages
...stipulated reward upon the transfer of «rock; I East, 1. Un a faituie to replace stock, the measure of damages is the price at the day when it ought to have been replaced, and interest from that time; 2 Taunt. 257 ; 2 East, 211 ; 8 Taunt. 450 ; Chit. jun. on Contract!, 3d... | |
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... the measure of damages is the price at the day when it ought to have been replaced, or the price at the day of the trial, at the option of the plaintiff... 
