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" If the breach consists in preventing the performance of the contract, without the fault of the other party, who is willing to perform it, the... "
Cases Decided in the Court of Claims of the United States - Side 343
av United States. Court of Claims - 1919
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Cases Decided in the Court of Claims of the United States, Volum 61

United States. Court of Claims - 1926 - 1122 sider
...States had not stopped its performance. It has been held that if the breach consists in preventing performance of the contract without the fault of the other party, who is willing to perform it, he would be entitled to profits that he would realize by performing the whole contract. As to how these...
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Albany Law Journal, Volum 29

1884 - 554 sider
...recoverable as damages, and there is no presumption that the expenditures wero unreasonable. The prima facie measure of damages for the breach of a contract...sustained thereby. If the breach consists in preventing tho performance of the contract, without the fault of the other party, who is willing to perform it,...
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United States Reports: ... and Rules Announced at ...

United States. Supreme Court - 1884 - 828 sider
...below very properly restricted its award of damages to his actual expenditures and losses. The prima facie measure of damages for the breach of a contract is the amomt of the loss which the injured party has sustained thereby. If the breach consists in preventing...
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The Pacific Reporter, Volum 48

1897 - 1148 sider
...not the law, however, that they can never be recovered. Our own Code states the rale to be that the measure of damages for the breach of a contract is "the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which,...
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Atlantic Reporter, Volum 84

1913 - 1140 sider
...35 App. DC 41. In US v. Beban, 110 US 344, 4 Sup. Ct. 83, 26 L. Ed. 168, the court said: "The prima facie measure of damages for the breach of a contract is the amount of loss which the injured party has sustained thereby. If the breach consists in preventing the performance...
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The Southern Reporter, Volum 11

1893 - 982 sider
...Carlisle. 78 Ala. 248; Bell v. Reynolds, Id. 513; 1 Sedg. Dam. 134-136, and note. "If the breach consist in preventing the performance of the contract, without the fault of the other party, who is willing and able to perform it, the damage of the latter consists in two distinct items, namely: First, what...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 44

Louisiana. Supreme Court - 1893 - 1326 sider
...incapable of that clear and direct proof which the law requires." Stating in conclusion, that "the prima facie measure of damages for the breach of a contract...loss which the injured party has sustained thereby." This rule, in the assessment of damages ex contractu, has heen followed by the State courts, in varying...
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United States Supreme Court Reports, Volum 28

United States. Supreme Court - 1901 - 1148 sider
...below very properly restricted its award of damages to his actual expenditures and losses. The prima facie measure of damages for the breach of a contract is the amount of the lose which the injured party has sustained thereby. If the breach consists in preventing the performance...
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Lawyers' Reports Annotated, Bok 8

1907 - 1368 sider
...110 U. S. 338, 28 L. ed. 168, 4 Sup. Ct. Rep. 81: "The prima facie measure of damages for the broach of a contract is the amount of the loss which the...the other party, who is willing to perform it, the luss of the latt.'r will consist of two distinct items or grounds of damage, namely: First, what he...
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Digest of the United States Supreme Court Reports: U. S. Vols. 1 ..., Volum 3

1908 - 1186 sider
...Preventing performance. 69. Where the breach of a contract consists in preventing its performance, without the fault of the other party, who is willing to perform it. the damages which the latter can recover will consist of what he has already expended towards performance...
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