| Joseph Henry Beale - 1909 - 648 sidor
...the court below very properly restricted its award of damages to his actual expenditures and losses. The prima facie measure of damages for the breach...willing to perform it, the loss of the latter will consist of two distinct items or grounds of damage, namely -. first, what he has already expended towards... | |
| Floyd Russell Mechem, Barry Gilbert - 1909 - 660 sidor
...thereof is attainable, is thus stated in US v. Behan, 110 US 338, 344, 4 Sup. Ct. 81, 83, 28 L,. Ed. 168: "The prima facie measure of damages for the breach...willing to perform it, the loss of the latter will consist of two distinct items or grounds of damage, namely : First, what he has already expended towards... | |
| Isaac Franklin Russell - 1909 - 756 sidor
...that no sufficient evidence thereof is attainable, is thus stated in US v. Behan, 110 US 338, 344, "The prima facie measure of damages for the breach...contract, without the fault of the other party, who is wiling to perform it, the loss of the latter will consist of two distinct items or grounds of damage,... | |
| 1909 - 1348 sidor
...637; Dec. Dig. § 279.*] 5. CONTRACTS (I 324*)— ACTIONS FOR BREACH — NATURE OF REMEDY. Where the measure of damages for the breach of a contract is the amount of profits to which plaintiffs would be entitled, it is immaterial whether thoy sue for damages or for... | |
| New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1912 - 796 sidor
...damages for the 6 82 LONG ISLAND C. & S. Co. r. CITY OF NEW YORK. [204 NY] Opinion, per VANN, J. [Jan., breach of a contract is the amount of the loss which...willing to perform it, the loss of the latter will consist of two distinct items or grounds of damage, namely: first, what he has already expended towards... | |
| Thomas Hasset Ray - 1914 - 884 sidor
...of New York, 204 NY 73, the court says: " In United States v. Behan, 110 US 338, the court said: ' The prima facie measure of damages for the breach...willing to perform it, the loss of the latter will consist of two distinct items or grounds of damage, namely, first, what he has already expended towards... | |
| 1914 - 784 sidor
...suing for damages for its breach, he could not ask for the return of the consideration he had paid. The measure of damages for the breach of a contract is the amount which would put the injured party in the same position as he would have been had the contract been... | |
| James Francis Donnelly - 1922 - 774 sidor
...value of his contract. Where the breach consists in preventing the performance of the contract, without fault of the other party who is willing to perform it, the contractor may recover what he has already expended towards performance, together with the profits... | |
| 1906 - 1066 sidor
...plaintiff's damages. It is thus stated in United States v. Behan, 110 US 344, 4 Sup. Ct. S3, 28 L. Ed. 168: "The prima facie measure of damages for the breach...willing to perform it, the loss of the latter will consist of two distinct items or grounds of damage, namely : First, what lie has already expended towards... | |
| Virginia. Supreme Court of Appeals - 1918 - 754 sidor
...Company, 101 Va. 652. In United States v. .Behan, 110 US 338, 28 L. Ed. 168, the Supreme Court said : "The prima facie measure of damages for the breach...willing to perform it, the loss of the latter will consist of two distinct items or grounds of damage, namely: first, what he has already expended towards... | |
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