Danforth v. Tenn. & Coosa Railroad
Supreme Court of Alabama
Action for Breach of Contract for Work and Labor. Appeal from the Circuit Court of Etowah. Tried before the lion. John B. Tally.
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Action for Breach of Contract for Work and Labor. Appeal from the Circuit Court of Etowah. Tried before the lion. John B. Tally. This action was brought by the appellants, suing as partners, against the Tennessee & Coosa Railroad Company, and was commenced on the 23d August, 1888. The original complaint contained only three counts, the first of which claimed $2,182.02, on an account stated between the parties on the 1st July, 1888; the second, $11,219.20, less the sum claimed in the first, on an account stated between the parties on the 1st August, 1888; and the third, $11,219.20, for work…
1Opinion of the CourtColeman, J.
— Where one party, in compliance with his contract, enters upon its performance, and is wrongfully forced to abandon it before its completion, without fault on his part, he is entitled to recover damages for its breach. If profits formed a constituent element of the contract, their loss the natural and proximate result of the breach, and such as was reasonably in contemplation of the contracting parties, and the amount can be estimated with reasonable certainty, such certainty as satisfies the mind of a prudent and impartial person, they are recoverable as damages. On the other hand, if…
2Cases cited10 opinions
- United States v. BehanSupreme Court of the United States · 1884
- Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
- United States v. SpeedSupreme Court of the United States · 1869
- Brigham & Co. v. CarlisleSupreme Court of Alabama · 1884
- Loudon v. Taxing DistrictSupreme Court of the United States · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Alderson v. HoustonCalifornia Supreme Court · 1908
- Psaty & Fuhrman, Inc. v. Housing AuthoritySupreme Court of Rhode Island · 1949
- Med Plus Properties v. COLCOCK CONST.Supreme Court of Alabama · 1993
- Spraggins v. StateSupreme Court of Alabama · 1903
- Dickerson v. FinleySupreme Court of Alabama · 1908
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