A Treatise Upon Some of the General Principles of the Law Whether of a Legal

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Day, 2 Me. 305 ; Rip- slier V. Shane, ^ Yeates (Penn. ), 575; Wroe v. Washington, 1 Wash. (Ya. ) 357 ; Colgin v. Henley, 6 Leigh (Va. ), 85 ; Cunning- ham V. Kimball, 7 Mass. 65. And the omission to set forth in a count the manner of payment prescribed in an agreement, can- not be treated as a variance if no question is made in the cause upon that part of the agreement. Ouyon v. Lewis, 7 Wend. 26. In assumpsit on a special agreement, it is not a ground of non- suit that the evidence proves a sm...aller sum to have been agreed upon between the parties, than is stated in the declaration ; for the plaintiff may recover less damages than those laid in the declaration. Covington v. Lide, 1 Bay. (S. C. ) 158.
ARTICLE VIII.
OF THE DAMAGES IZsT THE ACTION".
Section 1. In general. The actual damages resulting to the plaintiff from the breach of the contract by the defendant, is the amount of damage which the defendant is liable to pay, and which the plaintiff is justly entitled to recover in an action of assumpsit, for such delinquency.


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