 Now in the present case, if we are to apply the principles above laid down, we find that the only circumstances here communicated by the plaintiffs to the defendants at the time the contract was made were that the article to be carried was the broken...  The Law Times - Page 701854Full view - About this book
 | Law - 1855 - 736 pages
...classed under the rule above enunciated, as to cases under known special circumstances, because there both parties may reasonably be presumed to contemplate...that the only circumstances here communicated by the plaintiffs to the defendants, at the time the contract was made, were, that the article to be carried... | |
 | Law - 1854 - 836 pages
...properly classed under the rule above enunciated as to cases under special circumstances, because there both parties may reasonably be presumed to contemplate...principles above laid down, we find that the only circumstance ever communicated by the plaintiff to the defendant at the time the contract was made,... | |
 | Colin Blackburn Baron Blackburn - Sales - 1887 - 478 pages
..."terms as to the damages in that case; and of this advantage it " would be very unjust to deprive them. Now in the present case, if "we are to apply the principles...that the "only circumstances here communicated by the plaintiffs to tho de" fondants at the time the contract was made, were that the article "to be carried... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1888 - 982 pages
...be very unjust to deprive them." In applying the principles laid down to the case, the court says: " We find that the only circumstances here communicated by the plaintiff to the defendant at the time the contract was made were, that the article to be carried was the broken shaft of a mill, and that... | |
 | William Albert Keener - Contracts - 1898 - 984 pages
...classed under the rule above enunciated as to cases under known special circumstances, because there both parties may reasonably be presumed to contemplate...that the only circumstances here communicated by the plaintiffs to the defendants at the time the contract was made, were, that the article to be carried... | |
 | Floyd Russell Mechem - Damages - 1902 - 788 pages
...enunciated as to cases under known special circumstances, because there both parties may rea sonably be presumed to contemplate the estimation of the amount...that the only circumstances here communicated by the plaintiffs to the defendants at the time the contract was made were that the article to be carried... | |
 | Joseph Asbury Joyce, Howard Clifford Joyce - Damages - 1903 - 1046 pages
...classed under the rule above enunciated as to cases under known special circumstances, because there both parties may reasonably be presumed to contemplate...amount of damages according to the conventional rule." § 1281. Consideration does not determine. — Where, for a certain consideration, a person contracts... | |
 | Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - Law reports, digests, etc - 1908 - 1020 pages
...BR — VOL. XCVI. 48 HADI.EY of the amount of damages according to the conventional rule. BAXENDALE. Now, in the present case, if we are to apply the principles...that the only circumstances here communicated by the plaintiffs to the defendants at the time the contract was made, were, that the article to be carried... | |
 | Isaac Franklin Russell - Damages - 1909 - 756 pages
...classed under the rule above enunciated as to cases under known special circumstances, because there both parties may reasonably be presumed to contemplate...that the only circumstances here communicated by the plaintiffs to the defendants at the time the contract was made, were, that the article to be carried... | |
 | Floyd Russell Mechem, Barry Gilbert - Damages - 1909 - 660 pages
...classed under the rule above enunciated as to cases under known special circumstances, because there both parties may reasonably be presumed to contemplate...case, if we are to apply the principles above laid clown, we find that the only circumstances here communicated by the plaintiffs to the defendants at... | |
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