Reed v. . McConnell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September'!!, 1883, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion. The measure of damages in every case of breach of contract is the value of the contract.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September'!!, 1883, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion. The measure of damages in every case of breach of contract is the value of the contract. The party should be made good, but speculative and contingent profits cannot be recovered or proved by opinion. (Van Ness v. Fisher, 5 Lans. 236; Griffin v. Colver, 16 N. Y. 489; Rogers v. Beard, 36…
1Opinion of the CourtEabl, J.
So far as we are now concerned with this action, it was brought to recover damages for the breach of an agreement on the part of the defendants to take the plaintiff into a partnership in a tannery. The material facts as found by the referee are as follows : In the month of March, 1877, the plaintiff solicited the defendants to enter into the project of building a tannery at Oregon, in the county of Warren, in this State. He at the time owned a contract for the purchase of a site for the proposed tannery, and also a refusal or option for the purchase of fifty thousand cords of hemlock bark on…
2Cited by8 opinions
- Bucher v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1909
- Wallace v. American Life InsuranceOregon Supreme Court · 1924
- Crichfield v. JuliaCourt of Appeals for the Second Circuit · 1906
- Beeman v. . BantaNew York Court of Appeals · 1890
- Devlin v. MayorNew York Court of Common Pleas · 1893
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