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" 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. "
The Pacific Reporter - Page 391
1893
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Reports of Civil and Criminal Cases Decided by the ..., Volume 40; Volume 147

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1912 - 966 pages
...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." This is the doctrine declared in Bates v. Norton Iron Works, 113 Ky., 372; Illinois Central Railroad...
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The Monthly Law Reporter, Volume 17

1855 - 736 pages
...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...the damages arising out of any breach of contract. It is said that other cases, such as breaches of contract in the non-payment of money, or in the not...
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The Irish Jurist, Volume 6

1854 - 836 pages
...known, the parties might have been special!; provided for by 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. The above principles are those by which we think the jury ought to be guided in estimating the damages...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 22; Volume 53

1855 - 414 pages
...the event of a breach of contract occurring, by special terms as to the damages to be paid in such case ; and of this advantage it would be very unjust to deprive them. The facts in Hadley v, Baxendale having been stated in a recent Number of this Magazine,1 need not...
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The American Law Register, Volume 3

1855 - 804 pages
...the event of a breach of contract occurring, by special terms as to the damages to be paid in such case ; and of this advantage it would be very unjust to deprive them. The facts in Hadley vs. Baxendale having been stated in a recent Number of this Magazine,1 need not...
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The Practice of the Courts of King's Bench and Common Pleas, in ..., Volume 1

William Tidd - 1856 - 838 pages
...been known, the parties might hare 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." ¥er Alder son, B., in Jlatttey v. Baxendale, 9 Exc. R. 354. And in a very late case, Fletcher v. Taylor,...
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A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles ...

Theodore Sedgwick - 1858 - 778 pages
...parties might have expressly provided for the breach of contract by special terms as to the damage in that case, and of this advantage it would be very unjust to deprive them. The above principles are those by which we think the jury ought to be guided in estimating the damages...
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Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, Thomas Flower Ellis, Colin Blackburn Baron Blackburn, Francis Ellis - 1860 - 1150 pages
...been known, the parties might have specially provided for the breach of contract b/ special terms as to the damages in that case ; and of this advantage it would be very unjust to deprive them ;" 9 Exch. 355. (t) 8 E. &• /?. 647, in Excb. Ch., affirming the judgment of QB in Co/la v. Wriyht,...
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Selwyn's Abridgment of the Law of Nisi Prius

William Selwyn - 1861 - 840 pages
...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. In the present case we find that the only circumstances communicated by the plaintiff to the defendant...
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The Law of Contracts, Volume 3

Theophilus Parsons - 1866 - 810 pages
...been known, the parties might have especially 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." But in Waters i>. Towers, 8 Exch. 401, 20 Eng. L. £ Kq. 410, where the action was for the non-fulfilment...
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