Port Blakely Mill Co. v. Sharkey
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the northern .Division of the District of Washington. See 92 Fed. 425., The defendant in error brought an action agáinst the plaintiff in error, the Port Blakely Mill Company, as the owner of the bark Prussia, to recover damages caused by delay in the delivery of horses shipped on said bark from Scat do, Wash., to Dyea, Alaska.
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In Error to the Circuit Court of the United States for the northern .Division of the District of Washington. See 92 Fed. 425., The defendant in error brought an action agáinst the plaintiff in error, the Port Blakely Mill Company, as the owner of the bark Prussia, to recover damages caused by delay in the delivery of horses shipped on said bark from Scat do, Wash., to Dyea, Alaska. The complaint alleged, and the evidence 1 ended to show: That on February 17, 1898, the defendant in error made a verbal contract with the plaintiff in error, in which the latter agreed to ship for him on the bark…
1Opinion of the CourtGilbert, Circuit Judge
The question presented in this case is: What is the measure of damages for breach of contract by a carrier whereby the delivery of goods at the place designated in the contract of affreightment is delayed in a case in which profits would have been earned but for the delay, and where' the carrier had notice at the time of making the contract of the necessity for prompt delivery and of the prospective profits? May such profits be taken into consideration in estimating the damages? The general rule is thus stated:
“No recovery can be had for loss of profits in contracts of sale made or…
2Cases cited14 opinions
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Illinois Central Railroad v. Cobb, Christy & Co.Illinois Supreme Court · 1872
- Vicksburg & Meridian R. R. v. RagsdaleMississippi Supreme Court · 1872
- Harvey v. Connecticut & Passumpsic Rivers RailroadMassachusetts Supreme Judicial Court · 1878
- Allis v. McLeanMichigan Supreme Court · 1882
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3Cited by5 opinions
- Goetz v. Interlake S. S. Co.District Court, S.D. New York · 1931
- Pacific Coast Co. v. Yukon Independent Transp. Co.Court of Appeals for the Ninth Circuit · 1907
- Lusk v. KennedySupreme Court of Oklahoma · 1918
- Fairbanks, Morse & Co. v. AustinCourt of Appeals for the Ninth Circuit · 1923
- American Can Co. v. FunkhouserCourt of Appeals for the Ninth Circuit · 1922