 On the other hand, the promisee may, if he thinks proper, treat the repudiation of the other party as a wrongful putting an end to the contract, and may at once bring his action as on a breach of it; and in such action he will be entitled to such damages...  The New York Supplement - Página 4031899Vista completa - Acerca de este libro
 | 1886 - 548 páginas
...on a breach of it ; and in such action he will be entitled to such damages as would have arisen from nonperformance of the contract at the appointed time,...have afforded him the means of mitigating his loss." That expression of the law was cited with approval by Keating, J., in the case of Roper v. Johnson,... | |
 | 1872 - 438 páginas
...putting an end to the contract, and may at once bring his action on the breach of it ; in which action he will be entitled to such damages as would have arisen from the non-pert ormanoe of the contract at the prescribed time, subject, however, to abatement in respect... | |
 | John Dawson Mayne - 1872 - 564 páginas
...wrongful putting an end to the contract, and may at once bring his action as on a breach of it, and will be entitled to such damages as would have arisen...have afforded him the means of mitigating his loss; Frost v. Knight, LR 7 Ex. at p. 113 ; 41 LJ Ex. at p. 79, in Ex. Ch.] (q) Short v. M'Cartky, 3 B. &... | |
 | Nathaniel Cleveland Moak - 1872 - 788 páginas
...an end to the contract, and may at once bring his action as on a breach of it; and in such action he will be entitled to such damages as would have arisen...have afforded him the means of mitigating his loss. Considering this to be now settled law, notwithstanding any thing that may have been held or said in... | |
 | 1872 - 218 páginas
...entitled to euch damages as would have arisen from the nenperformance of the contract at the prescribed time, subject, however, to abatement in respect of...have afforded him the means of mitigating his loss. Considering this to be now settled law, notwithstanding anything that may have been held or said in... | |
 | India - 1878 - 710 páginas
...end to the contract, and may at once bring hia action as on a breach of it ; and in such action he will be entitled to such damages as would have arisen...have afforded him the means of mitigating his loss." On the other hand, the promisee may, if he pleases, " treat the notice of intention as inoperative,... | |
 | Great Britain. Court of Common Pleas - 1873 - 770 páginas
...end to the contract, and may at once bring his action as on a breach of it ; and in such action he will be entitled to such damages as would have arisen from the (1) Law Kep. 7 Ex. 111. non-performance of the contract at the appointed time," that is, 1873 from... | |
 | Indiana. Superior Court, Oliver Morris Wilson - 1875 - 658 páginas
...bring his action as on a breach of it ; and in such action he will be entitled to such damages as wouid have arisen from the non-performance of the contract...have afforded him the means of mitigating his loss." Frost v. Knight, Law Reports, 7 Exchequer 111. See, also, Hochster v. De la Tour, 2 E. fy B., 678;... | |
 | Nathaniel Cleveland Moak - 1877 - 1000 páginas
...end to the contract, and may at once bring his action as on a breach of it ; and in such action he will be entitled to such damages as would have arisen from the non performance of the contract at the appointed time." And he adds this qualification, — -"Subject,... | |
 | 1879 - 494 páginas
...breach of it ; and in such action, his Lordship accepted as settled law the principle that the promisee will be entitled to such damages as would have arisen...contract at the appointed time, subject, however, to the abatement in respect of any circumstances which may have afforded him the means of mitigating his... | |
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