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action of trespass actual damage agreement allowed assessed assumpsit Barb Barn bill Bing bond breach of contract brought chattels claim common law compensation Conn consequence considered costs court of equity covenant Cush debt declaration defendant defendant's delivered Denio doctrine entitled to recover evidence expenses forms of action fraud give given held Hill injury interest Johns Jones judge judgment jury justice land liable liquidated damages Lord loss Massachusetts measure of damages Mees ment mesne mesne profits mitigation of damages negligence nominal damages Ohio owner paid party payment penalty Penn person Pick plaintiff principle profits proved purchaser question reason recover damages recovery refused regard replevin rule of damages says seisin sheriff Smith sold special damage statute suit Supreme Court surety sustained tion tort trespass trial trover vendee vendor verdict warranty Wend York Zabr
Side 211 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Side 39 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished, and there shall be, in this state, hereafter, but one form of action, for the enforcement, or protection of private rights, and the redress of private wrongs, which shall be denominated a civil action.
Side 297 - Court erred in charging that the measure of damages was the difference between the contract price and the market price at...
Side 83 - But the question remains, can the plaintiff then, consistently with the authorities, maintain his action, having been at least equally in fault. The answer is that, supposing that fact ascertained by the jury, but to this extent, that he merely indulged the natural instinct of a child in amusing himself with the empty cart and deserted horse, then we think that the defendant cannot be permitted to avail himself of that fact. The most blamable carelessness of his servant having tempted the child,...
Side 78 - ... 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 by any special circumstances, from such a breach of 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 damages in that case ; and of this advantage it would be very unjust to deprive them.
Side 478 - By the common as well as by statute law, men are often punished for aggravated misconduct or lawless acts by means of a civil action, and the damages inflicted by way of penalty or punishment given to the party injured. In many civil actions, such as libel, slander, seduction, d i-., the wrong done to the plaintiff is incapable of being measured by a money standard...
Side 39 - The discretion of a judge is the law of tyrants : it is always unknown ; it is different in different men ; it is casual, and depends upon constitution, temper, and passion. In the best, it is oftentimes caprice ; in the worst it is every vice, folly, and passion, to which human nature is liable.'*- — Lord Camden.
Side 599 - Eminent domain is (A) the right of the government to take private property for public use...