| 1923 - 1226 頁
...1916E, 245, this court said in commenting upon that section of the Codes: • "The statute embodies the common-law rule, and the authorities generally agree...naturally be expected to result from its violation." [8] And in Globe Refining Co. v. Landa Cotton Oil Co., 190 US 540. at page 545, 23 Sup. Ct. 756, 47... | |
| 1923 - 1230 頁
...that, if he had damages recoverable iii such cases must be had tho c(luipmcnti he could have performed limited to such as may fairly be supposed to have...naturally be expected to result from its violation." [8] And in Globe Refining Co. v. Lamia Cotton Oil Co., 190 US 540,. at page 543, 23 Sup. Ct. 756, 47... | |
| 1926 - 1238 頁
...uncertain to justify the submission of such a claim to the jury, and that such a claim for damages was not within the contemplation of the parties when they entered into the contract. It certainly could not be said that damages were not within the contemplation of the parties to a contract... | |
| 1904 - 1278 頁
...original building put such a different aspect on the face of things that it could not be said that it was within the contemplation of the parties, when they entered into the contract, that, if a fire occurred, the old building should be restored. The observations of the court in Butterfleld... | |
| 1909 - 664 頁
...seems, therefore, to suggest that the suitability of the run-of-mine coal for the uses indicated was within the contemplation of the parties when they entered into the contract. sent in writing of the coal company unless the latter refuse to re-purchase it at 1 dollar per ton... | |
| 1959 - 552 頁
...cleared material would not wash back into the area, indicated that difficulties from flooding were within the contemplation of the parties when they entered into the contract. If the contract had provided for payment on the basis of the amount of materials the plaintiff removed... | |
| United States. Court of Claims, Audrey Bernhardt - 1960 - 1044 頁
...wash back into the area, indicate 143 C. Cla. Findings of Fact that difficulties from flooding were within the contemplation of the parties when they entered into the contract. If the contract in suit had provided for payment on the basis of the amount of materials the plaintiff... | |
| 1913 - 1228 頁
...recoverable in such cases must be limited to such as may fairly be supposed to have been within tue contemplation of the parties when they entered into...been performed. O'Keefe v. Dyer, 20 Mont. 477, 52 Рас. 196; Griffin v. Colver, 16 NY 489, 69 Am. Dec. 718; Hayes v. Cooley, 13 ND 204, 100 N. W. 250;... | |
| Thomas J. Kelleher, Brian G. Corgan, William E. Dorris - 2002 - 514 頁
...often is very subjective. The basic tests for a cardinal change are: 1. whether the type of work was within the contemplation of the parties when they entered into the contract, and 2. whether the job as modified is still the same basic job.31 The extent to which the cardinal changes... | |
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