Passenger v. Thorburn
New York Supreme Court
THIS action was "brought by the plaintiff, a gardener, against the defendant, a seed merchant, for damages occasioned by breach of contract and misrepresentation, on the sale of a spurious article as Bristol cabbage seed, in the spring of 1857, by which the plaintiff lost his year’s crop, the use of his garden of eight acres in the vicinity of Albany, and the expense and labor devoted to its cultivation.
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THIS action was "brought by the plaintiff, a gardener, against the defendant, a seed merchant, for damages occasioned by breach of contract and misrepresentation, on the sale of a spurious article as Bristol cabbage seed, in the spring of 1857, by which the plaintiff lost his year’s crop, the use of his garden of eight acres in the vicinity of Albany, and the expense and labor devoted to its cultivation. The plaintiff alleged in the complaint, that he had for years purchased his seed for gardening purposes from the defendant, who knew his business, and the use for which the seed was…
1Opinion of the CourtGould, J.
Taking the present rule of damages (to be recovered for the breach of any contract) to be “ that the party injured is entitled to recover all his damages, including gains prevented as well as losses sustained; within these limits, 1st. The damages must be such as may fairly be supposed to have entered into the contemplation of the parties, *24when they made the contract—that is, must he such as might naturally be expected to follow its violation; and 2dly. They must he certain in their nature, and in respect to the cause from which they proceed;” (16 N. Y. Rep. 494, 495;) and that a warranty…
2Cited by5 opinions
- Flick v. WetherbeeWisconsin Supreme Court · 1866
- Butler v. MooreSupreme Court of Georgia · 1882
- Hoe v. . SanbornNew York Court of Appeals · 1867
- Birdsinger v. McCormick Harvesting Machine Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Hoe v. SanbornNew York Supreme Court · 1867