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" The damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract, that is, must be such as might naturally be expected to follow its violation ; and they must be certain, both in their... "
The Central Law Journal - Page 232
1879
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 17

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1859 - 662 pages
...party himself is to be employed, could hardly be regarded as such a risk. It is only those risks which may fairly be supposed to have entered into the contemplation of the parties in making the contract which fall within the rule, assuming such rule to rest upon the reason just...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 32

Oliver Lorenzo Barbour, New York (State). Supreme Court - 1861 - 722 pages
...Telegraph Company. as well as losses sustained; and this rule is subject to but two conditions. The damages must be such as may fairly be supposed to have entered...might naturally be expected to follow its violation." they must be certain both in their nature and in respect to the cause from which they proceed." to...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 16

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1864 - 668 pages
...excludes ; not such as, being the immediate and necessary result of the breach of contract, may be fairly supposed to have entered into the contemplation of the parties when they made it, and are capable of being definitely ascertained by reference to established market rates. id See...
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Cases Argued and Determined in the Court of Common Pleas and in ..., Volume 18

John Scott, Great Britain. Court of Common Pleas - 1866 - 584 pages
...prevented as well as losses sustained; and this rule is subject to but two conditions. The damages must be such as may fairly be supposed to have entered...might naturally be expected to follow its violation ; and they must be certain, both in their nature and in respect to the cause from which they proceed....
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 45

Oliver Lorenzo Barbour, New York (State). Supreme Court - 1866 - 716 pages
...is completely within the rule laid down in Griffin v. Colver, (16 NY Rep. 489-494.) If anything can be supposed to have entered into the contemplation of the parties when the message was ordered, it can be nothing else than the price of gold and the sum which the amount...
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The Law of Railways: Embracing Corporations, Eminent Domain ..., Volume 2

Isaac Fletcher Redfield - 1867 - 944 pages
...and not such as, being the immediate and necessary result of the breach of contract, may be fairly supposed to have entered into the contemplation of the parties when they made it, and are capable of being definitely ascertained by reference to established market rates. This...
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A Treatise Upon the Law of Telegraphs: With an Appendix, Containing the ...

William L. Scott, Milton P. Jarnagin (of Memphis, Tenn.) - 1868 - 600 pages
...messages of this description. The true rule being, then, that the damages must be such as may be fairly supposed to have entered into the contemplation of the parties when they made the contract, that is, such as might be naturally expected to follow its violation, it would seem that its proper application...
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Albany Law Journal, Volume 37

1888 - 556 pages
...Hmrard, 22 How. 307. In Griffin v. Colcer, 10 NY 489, the rule was stated to be that " the damages must be such as may fairly be supposed to have entered...the parties when they made the contract; that is, they must be such as might naturally be expected to follow its violation; and they must be certain...
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Albany Law Journal, Volume 40

1890 - 542 pages
...amount or extent of which it was not necessary for it to know. " It is only necessary that the damages be such as may fairly be supposed to have entered...the parties when they made the contract — that is, such as might naturally be expected to follow its violation ; " and it was only necessary for the company...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 41

New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1870 - 704 pages
...traced to the breach complained of, are excluded. Under the former rule, such damages are only allowed, as may fairly be supposed, to have entered into the...contemplation of the parties when they made the contract, as might naturally be expected to follow its violation. It is not required, that the parties must have...
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