 | United States. Court of Claims - 1919 - 740 pages
...232. The plaintiff's theory of damages is untenable. The rule for damages in the evejit of one party preventing the performance of the contract without the fault of the other party is laid down in Behan v. United States, 110 US, 338. Arsumrnt for the DefeadtBti. See also Hinckley... | |
 | 1917 - 2042 pages
...4 Sup. Ct. 81, 28 L. Ed. 168, where the court said that in such a case a plaintiff might recover: ; "First, what he has already expended towards performance...would realize by performing the whole -contract." t The plaintiff was entitled to recover, if at all, the reasonable expenditures mem-red in the performance... | |
 | 1884 - 552 pages
...for the breach of a contract is the amount of the loss which the injured party has sustained thereby. If the breach consists in preventing the performance...damage, namely, first, what he has already expended toward performance (less the value of materials on hand); secondly, the profits that he would realize... | |
 | 1884 - 554 pages
...of the loss which the injured party has sustained thereby. If the breach consists in preventing tho performance of the contract, without the fault of...damage, namely, first, what he has already expended toward performance (loss the value of materials on hand) ; secondly, the profits that ho would realize... | |
 | United States. Supreme Court - 1884 - 828 pages
...for the breach of a contract is the amomt of the loss which the injured party has sustained thereby. If the breach consists in preventing the performance...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,... | |
 | 1913 - 1140 pages
...damages for the breach of a contract is the amount of loss which the injured party has sustained thereby. If the breach consists in preventing the performance of the contract, without fault of the other party, who is willing to perform it, the loss of the latter will consist of two... | |
 | 1893 - 982 pages
...Carlisle. 78 Ala. 248; Bell v. Reynolds, Id. 513; 1 Sedg. Dam. 134-136, and note. "If the breach consist in preventing the performance of the contract, without the fault of the other party, who is willing and able to perform it, the damage of the latter consists in two distinct items, namely: First, what... | |
 | Louisiana. Supreme Court - 1893 - 1326 pages
...as well as of uncertainty. 5. AVhen the breach of a contract consists in preventing its performance without the fault of the other party , who is willing to perform it, the damages which the latter can recover will consist of (1) what bo has already expended toward performance,... | |
 | William Albert Keener - 1898 - 984 pages
...for the breach of a contract is the amount of the loss which the injured party has sustained thereby. If the breach consists in preventing the performance...damage — namely, first, what he has already expended toward performance, (less The value of materials on hand) ; secondly, the profits that he would realize... | |
 | United States. Supreme Court - 1901 - 1148 pages
...services — liability of party. 1. Where the breach of a contract consiste In preventing ita performance, without the fault of the other party, who is willing...perform it, the loss of the latter will consist of what he has already expended towards performance (less the value of materials on hand) and the profits... | |
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The prima facie measure of damages for the breach of a contract is the amount of the loss which the injured party has sustained thereby. If the breach consists in preventing the performance of the contract, without the fault of the other party, who is... 
