Furstenburg v. Fawsett
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. The case is stated in the opinion of the Court. Exception. — At the trial the plaintiff offered two prayers, which are sufficiently set out in the opinion of this Court. The defendant offered five prayers, the first, third and fourth of which are omitted, having "been conceded.
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Appeal from the Superior Court of Baltimore City. The case is stated in the opinion of the Court. Exception. — At the trial the plaintiff offered two prayers, which are sufficiently set out in the opinion of this Court. The defendant offered five prayers, the first, third and fourth of which are omitted, having "been conceded. The second and fifth are as follows: 2. That if the jury shall find, from the evidence, that the defendant did not cut all the wood from such portions of the land as were marked off by the defendant to he cut, then the most which the plaintiff can recover under the…
1Opinion of the CourtMiller, J.
As to what damages are recoverable for the breach of a contract, we must, in a case like the present, be governed *187by the rule recently approved by this Court in Camden Consolidated Oil Company vs. Schlens & Co., 59 Md., 45. In that case we adopted the law as laid down by Alderson, B., in delivering the judgment of the Court in the leading case of Hadley vs. Baxendale, 9 Exch., 341, thus: “ Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect to such breach of contract should be such as may fairly and reasonably be…
2Cases cited4 opinions
- Abbott v. GatchCourt of Appeals of Maryland · 1859
- Eckenrode v. Chemical Co.Court of Appeals of Maryland · 1880
- Camden Consolidated Oil Co. v. SchlensCourt of Appeals of Maryland · 1882
- Jacobs v. DavisCourt of Appeals of Maryland · 1871
3Cited by6 opinions
- Sergeant Co. v. PickettCourt of Appeals of Maryland · 1979
- McGaw v. Acker, Merrall & Condit Co.Court of Appeals of Maryland · 1909
- Bramble v. ShieldsCourt of Appeals of Maryland · 1925
- Obrecht v. CrawfordCourt of Appeals of Maryland · 1938
- Maryland Ice Co v. Arctic Ice Machine Manufacturing Co.Court of Appeals of Maryland · 1894
1 more not listed; retrieve them via the Exa API.