Wilkinson v. . Dunbar
Supreme Court of North Carolina
ActioN tried before O. H. Allen, J., and a jury, Fall Term, 1907, of Hyde. Plaintiff instituted suit against defendant, and declared on four causes of action for alleged breach of different contracts on part of defendant, claiming damages therefor in amounts varying from $500 to $100. Defendant answered denying the allegations of the complaint, and alleging, by way of counterclaim, breach of contract on part of plaintiff, under which plaintiff had contracted and agreed to…
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ActioN tried before O. H. Allen, J., and a jury, Fall Term, 1907, of Hyde. Plaintiff instituted suit against defendant, and declared on four causes of action for alleged breach of different contracts on part of defendant, claiming damages therefor in amounts varying from $500 to $100. Defendant answered denying the allegations of the complaint, and alleging, by way of counterclaim, breach of contract on part of plaintiff, under which plaintiff had contracted and agreed to pay defendant $3.50 per thousand feet to cut and haul the timber from two certain tracts-of land, the timber' amounting to…
1Opinion of the Court
Hoke, J.,
after stating the pase: It was chiefly objected to the validity of defendant’s recovery, that the profits of the contract claimed and allowed as damages, on defendant’s counterclaim, involved too many elements of uncertainty to be made the basis of a legal award of prospective damages, and the same should have been rejected, on the ground that they áre “speculative” ' and “contingent,” but we are of opinion that the objection cannot be sustained.
It is well established, that where there has been definite and absolute breach of a contract which is single and entire, that all damages,…
2Cases cited9 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Hinckley v. Pittsburgh Bessemer Steel Co.Supreme Court of the United States · 1887
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- Richmond v. D. & S. C. R.Supreme Court of Iowa · 1875
- Fail v. McReeSupreme Court of Alabama · 1860
4 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Johnson v. . R. R.Supreme Court of North Carolina · 1913
- State v. . LeakSupreme Court of North Carolina · 1911
- Johnson v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1913
- Perkins v. LangdonSupreme Court of North Carolina · 1953
- Hashimoto v. Marathon Pipe Line Co.Wyoming Supreme Court · 1989
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