Cases in Quasi Contract Selected From Decisions of English And American Courts
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Vanderlip, 12 Johns. (N. Y. ) 165, 7 Am. Dec. 299; Jennings v. Camp, 13 Johns. (N. Y. ) 94, 7 Am. Dec. 367; Reab v. Moor, 19 Johns. (N. Y. ) ZZ7 ; Lantry v. Parks, 8 Cow. (N. Y. ) 63; Sinclair v. Bowles, 9 Barn. & C. 92; Spain v. XArnott, 2 Starkie, 256. That such a rule in its operation may be very unequal, not to say unjust, is apparent. A party who contracts to perform certain specified labor, and who breaks his contract in the first instance, without any attempt to per- form it, can only be... made liable to pay the damages which the other party has sustained by reason of such non performance, which in many instances may be trifling; whereas a party who in good faith has entered upon the performance of his contract, and nearly completed it, and then abandoned the further performance, — although the other party has had the full benefit of all that has been done, and has per- haps sustained no actual damage, — is in fact subjected to a loss of all which has been performed, in the nature of damages for the non fulfillment of the remainder, upon the technical rule, that the contract Sec.
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To quickly assess the difficulty of the text, read a short excerpt:
Vanderlip, 12 Johns. (N. Y. ) 165, 7 Am. Dec. 299; Jennings v. Camp, 13 Johns. (N. Y. ) 94, 7 Am. Dec. 367; Reab v. Moor, 19 Johns. (N. Y. ) ZZ7 ; Lantry v. Parks, 8 Cow. (N. Y. ) 63; Sinclair v. Bowles, 9 Barn. & C. 92; Spain v. XArnott, 2 Starkie, 256. That such a rule in its operation may be very unequal, not to say unjust, is apparent. A party who contracts to perform certain specified labor, and who breaks his contract in the first instance, without any attempt to per- form it, can only be... made liable to pay the damages which the other party has sustained by reason of such non performance, which in many instances may be trifling; whereas a party who in good faith has entered upon the performance of his contract, and nearly completed it, and then abandoned the further performance, — although the other party has had the full benefit of all that has been done, and has per- haps sustained no actual damage, — is in fact subjected to a loss of all which has been performed, in the nature of damages for the non fulfillment of the remainder, upon the technical rule, that the contract Sec.
What to read after Cases in Quasi Contract Selected From Decisions of English And American Courts?
You can find similar books in the "Read Also" column, or choose other free books by Edward Sampson Thurston to read onlineMoreLess
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