Abstracts of Recent American Decisions [stub]

1866 The American Law Register (1852-1891)  
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more » ... out Early Journal Content at http://about.jstor.org/participate--jstor/individuals/early-journal--content. JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact support@jstor.org. ABSTRACTS OF RECENT DECISIONS. ABSTRACTS OF RECENT DECISIONS. SHEE, J.-I am of the same opinion. It seems to me that this claim cannot be brought within the rule in Hadley v. Baxendale, where it was laid down that the recoverable damages are such only as naturally, and in the ordinary course of things, arise from the breach of duty complained of, or such as may fairly be taken to have been in the contemplation of the parties at the time when the contract was entered into. Taking the first branch of this proposition, it is clear the loss is not within it, unless it is to be taken for granted that, in the ordinary course, the plaintiff would sell for profit; but this is not to be assumed, for he might sell at a loss as well as at a profit; the loss of profit, therefore, is not the natural result of the defendants' breach of contract. Then, secondly, can it be said that the consequences which have followed were in the contemplation of the parties at the time of the making of the contract ? I think not. Even if both parties had communicated all that they knew of the circumstances in which they then stood, it would clearly have been impossible to say whether the purchaser would be able to realize a profit in the mean time. The extra damages, therefore, appear to me to come within neither branch of the rule, and the verdict must be reduced accordingly. Rule absolute. ABSTRACTS OF RECENT AMERICAN DECISIONS. SUPREME COURT OF MASSACHUSETTS.1 SUPREME COURT OF NEW YORK.2 SUPREME COURT OF PENNSYLVANIA.3 ACCORD AND SATISFACTION. As between Corporation and Stocklolder.-Where a stockholder in a building association, under resolution of the association permitting borrowers to withdraw on the payment of a stipulated amount, the stock to be then "withdrawn and cancelled," withdrew, paid off his loans and stock which was then marked on the books as " cancelled" and "withdrawn:" ileldZ that the company could not afterwards recover for 1
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