The American Reports; Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States, with Notes and References...[1869-1887] Volume 51
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ... v. American Union Telegraph Company. circumstances in the case, to distinguish it from the great mass of contracts of the same kind. In all such cases, the damages recoverable are such as naturally and would generally result from such breach, "according to the usual course of things." The shipment in this case was of a broken casting, usually valuable as old iron, to be recast into something else. It was not the case of acommodity, whose form, appearance and condition indicated nothing. Its natural appearance--that which would strike the general beholder--was. that it was useful, and only useful as old iron. Thus considered, its only appreciable value was its marketable quality;, and the damage the shipper would suffer from delay in its delivery would, according to the usual course of things, be the delay in realizing its proceeds, and a fall in the market price, if the market should give way between the time it should have been delivered according to contract, and the time it was actually delivered. This is a rule of very general application in commercial dealings; a rule for the assessment of damages, in very many breaches of contract. Of course, it has exceptions, If the injury, or alleged lost profits be speculative, or so contingent that no reasonably certain rule can be declared for their measurement, then they cannot be recovered on that account. W. U. Tel. (Jo. v. Shatter (Ga.), 18 Cent. Law Jour. 230. The second rule is, where there are special circumstances in the contract and its observance, which take it out of the usual course of things. Very many contracts have this character. The following are of this class. lll. Gent. R. O0. v. Cobb, 64 Ill. 128; Booth v. Spuyten Duyvil R. 00., 60 N. Y. 487; Randall v. Raper, ...
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