 For had the special circumstances been known, the parties might have specially provided for the breach of contract by special terms as to the damages in that case ; and of this advantage it would be very unjust to deprive them.  The Irish Jurist - Page 1701854Full view - About this book
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1912 - 966 pages
...contract. For, had the special circumstances been known, the parties might have specially provided for the breach of contract by special terms as to the...advantage it would be very unjust to deprive them." This is the doctrine declared in Bates v. Norton Iron Works, 113 Ky., 372; Illinois Central Railroad... | |
 | Law - 1855 - 736 pages
...contract. For, had the special circircumstances been known, the parties might have specially provided for the breach of contract, by special terms, as to the...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 - 1855 - 414 pages
...the event of a breach of contract occurring, by special terms as to the damages to be paid in such case ; and of this advantage it would be very unjust to deprive them. The facts in Hadley v, Baxendale having been stated in a recent Number of this Magazine,1 need not just... | |
 | Electronic journals - 1855 - 804 pages
...the event of a breach of contract occurring, by special terms as to the damages to be paid in such case ; and of this advantage it would be very unjust to deprive them. The facts in Hadley vs. Baxendale having been stated in a recent Number of this Magazine,1 need not just... | |
 | William Tidd - Civil procedure - 1856 - 838 pages
...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...advantage it would be very unjust to deprive them." ¥er Alder son, B., in Jlatttey v. Baxendale, 9 Exc. R. 354. And in a very late case, Fletcher v. Taylor,... | |
 | Theodore Sedgwick - Damages - 1858 - 778 pages
...parties might have expressly provided for the breach of contract by special terms as to the damage in that case, and of this advantage it would be very...the damages arising out of any breach of contract" The rule laid down in Hadley v. Baxendale was again acted upon in a very recent case. The defendant... | |
 | William Selwyn - Nisi prius - 1861 - 840 pages
...contract. For had the special circumstances been known, the parties might have specially provided for the breach of contract by special terms as to the...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
...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...advantage it would be very unjust to deprive them." But in Waters i>. Towers, 8 Exch. 401, 20 Eng. L. £ Kq. 410, where the action was for the non-fulfilment... | |
 | William L. Scott, Milton P. Jarnagin (of Memphis, Tenn.) - Telegraph - 1868 - 602 pages
...contract. For, had the special circumstances been known, the parties might have expressly provided for the breach of contract by special terms as to the...advantage it would be very unjust to deprive them.' The same rule has been adopted, and is now regarded as established, in the case of Griffin r. Colver, 16... | |
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