Legal Opinion

Goodrich v. Hubbard

Michigan Supreme Court

Decided June 20, 1883PublishedCited by 9 opinions

Error to Lapeer. (Stevens, J.) Assumpsit. Defendants bring error. In giving damages for loss of profits caused by the prevention •of the performance of a contract the profits must be ascertained as of the day of the breach of contract by the party ■so preventing its performance: Masterton v. Mayor 7 TTI11 61; Bittenhouse v. Mayor 25 Md. 336; Vischer v. Bail-road Go. 34 G-a. 536; unless the prevention is by the wrongful act of the defendant: Burrell v. AT. M. <& Say.

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Error to Lapeer. (Stevens, J.) Assumpsit. Defendants bring error. In giving damages for loss of profits caused by the prevention •of the performance of a contract the profits must be ascertained as of the day of the breach of contract by the party ■so preventing its performance: Masterton v. Mayor 7 TTI11 61; Bittenhouse v. Mayor 25 Md. 336; Vischer v. Bail-road Go. 34 G-a. 536; unless the prevention is by the wrongful act of the defendant: Burrell v. AT. M. <& Say. Salt Go. 14 Mich. 37; and if the profits cannot be computed with ■certainty, prospective profits cannot be included in the…

1Opinion of the CourtSherwood, J.

This is an action of assumpsit to recover damages of defendant for an alleged breach of contract, in preventing plaintiffs from hauling and delivering a quantity of pine saw-logs. The contract is as follows :

“ This contract, made this 25th day of October, A. D. 1879, between Garry Goodrich, of Arcadia, Lapeer county, Michigan, of the first part, and Bela Hubbard and John E. King, of Detroit, Michigan, of the second part, witnesseth: That the party of the first part agrees to haul all the pine saw-logs that party of the second part may own on section twenty-one (21) in said town of Arcadia, to…

2Cases cited3 opinions

  1. Burrell v. New York & Saginaw Solar Salt Co.Michigan Supreme Court · 1865
  2. McKinnon v. McEwanMichigan Supreme Court · 1882
  3. Loud v. CampbellMichigan Supreme Court · 1872

3Cited by9 opinions

  1. Leo Austrian & Co. v. SpringerMichigan Supreme Court · 1892
  2. Mondou v. Lincoln Mutual Casualty Co.Michigan Supreme Court · 1938
  3. Leonard v. BeaudryMichigan Supreme Court · 1888
  4. Harness v. Kentucky Fluor Spar Co.Court of Appeals of Kentucky · 1912
  5. Industrial Works v. MitchellMichigan Supreme Court · 1897

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