Reports of Cases Heard And Determined in the Appellate Division ..., volume 89
Reports of Cases Heard And Determined in the Appellate Division ..., volume 89
New York (State). Supreme Court. Appellate Division, Marcus Tullius Hun, Jerome B. Fisher, Austin B. Griffin
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John Lund, the Name " John " Being Fictitious, Appellant. Damage for a breach of contract — rtfutal of a stcU>le keeper, in violation of a con- tract, to admit a irttck into hie etable — if the truck ie left in the etreet and goods are stolen there from the truckman cannot recover the value of the goods — proof of value. The damages recoverable upon a breach of contract are such only as follow naturally and directly from the violation of the agreement, and do not include those which could have ...been prevented by the exercise of reasonable care by the injured party. A truckman entered into a contract with the keeper of a boarding stable, by which the latter agreed to board the truckman's horses and to store in his stable at night the truckman's trucks. At the time of entering into the agreement, the stable keeper said chat he would be responsible for all the truckman^s good^ that went into the stable on the trucks. On one occasion the stable keeper refused to receive into the stable a loaded track driven by one of the truckman's servants, whereupon the driver of the truck left it unguarded in the street for some hours, during which time a case of clothing was stolen from it.
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