Sharpe v. Southern Railway Co.
Supreme Court of North Carolina
ActioN by J. M. Sharpe against the Southern Railway Company, heard by Judge A. L. Coble and a jury, at November Term, 1901, of the Superior Court of Iebdull County. From a judgment for the plaintiff, the defendant appealed.
1Opinion of the CourtCook, J.
Profits become a measure of damages only when they were within the contemplation of the contracting parties and the data of estimation so definite and certain that they can be ascertained reasonably by calculation; in which case the party in fault must have had notice, either of the nature of the contract itself, or by explanation of the circumstances at the time the contract was made, that such damages would ensue from non-performance. Railroad Co. v. Ragsdale, 46 Miss., 458; Pender Lumber Co. v. Iron Works, at this term; Mace v. Ramsey, 74 N. C., 11. It is not alleged in the complaint, dor…
2Cases cited3 opinions
- Vicksburg & Meridian R. R. v. RagsdaleMississippi Supreme Court · 1872
- MacE v. . RamseySupreme Court of North Carolina · 1876
- Foard v. Atlantic & North Carolina Rail RoadSupreme Court of North Carolina · 1860
3Cited by11 opinions
- Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1906
- Johnson v. . R. R.Supreme Court of North Carolina · 1922
- Gulf States Creosoting Co. v. LovingCourt of Appeals for the Fourth Circuit · 1941
- Harper Furniture Co. v. Southern Express Co.Supreme Court of North Carolina · 1908
- Peanut Co. v. . R. R.Supreme Court of North Carolina · 1911
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