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" On the other hand, the promisee may, if he thinks proper, treat the repudiation of the other party as a wrongful putting an end to the contract, and may at once bring his action as on a breach of it; and in such action he will be entitled to such damages... "
Pittsburgh Legal Journal - Sivu 80
1882
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Albany Law Journal, Nide 33

1886 - 548 sivua
...on a breach of it ; and in such action he will be entitled to such damages as would have arisen from nonperformance of the contract at the appointed time, subject however to abatement in respect of any circumstances which may have afforded him the means of mitigating his loss." That expression...

Albany Law Journal, Nide 5

1872 - 438 sivua
...non-pert ormanoe of the contract at the prescribed time, subject, however, to abatement in respect of any circumstances which may have afforded him the means of mitigating his loss. Considering this to be now settled law, notwithstanding any thing that may have been held or said in...

Reports of Cases Decided by the English Courts: With Notes and ..., Nide 1

Nathaniel Cleveland Moak - 1872 - 788 sivua
...Frost v. Knight. supervening circumstance which would justify him in declining to complete it. 113] *0n the other hand, the promisee may, if he thinks proper,...appointed time, subject, however, to abatement in respect of any circumstances which may have afforded him the means of mitigating his loss. Considering this...

A Treatise on the Law of Damages

John Dawson Mayne - 1872 - 564 sivua
...wrongful putting an end to the contract, and may at once bring his action as on a breach of it, and will be entitled to such damages as would have arisen...appointed time, subject, however, to abatement in respect of any circumstances which may have afforded him the means of mitigating his loss; Frost v. Knight,...

The Local Courts' and Municipal Gazette, Nide 8

1872 - 218 sivua
...nenperformance of the contract at the prescribed time, subject, however, to abatement in respect of any circumstances which may have afforded him the means of mitigating his loss. Considering this to be now settled law, notwithstanding anything that may have been held or said in...

The Indian Contract Act, No. IX of 1872: Together with an Introduction and ...

India - 1878 - 710 sivua
...repudiation of the other party as a wrongful putting an end to the contract, and may at once bring hia action as on a breach of it ; and in such action he...appointed time, subject, however, to abatement in respect of any circumstances which may have afforded him the means of mitigating his loss." On the other hand,...

The Law Reports: Court of Common Pleas, Nide 8

Great Britain. Court of Common Pleas - 1873 - 770 sivua
...the real distinction between the cases he has put, — " Subject, however, to abatement in respect of any circumstances which may have afforded him the means of mitigating his loss." He says further : " The contract having been thus broken by the promisor, and treated as broken by...

Reports of Cases Argued and Determined in the Superior Court at ..., Nide 1

Indiana. Superior Court, Oliver Morris Wilson - 1875 - 658 sivua
...bring his action as on a breach of it ; and in such action he will be entitled to such damages as wouid have arisen from the non-performance of the contract...appointed time, subject, however, to abatement in respect of any circumstances which may have afforded him the means of mitigating his loss." Frost v. Knight,...

The Law Times, Nide 66

1879 - 494 sivua
...nonperformance of the contract at the appointed time, subject, however, to the abatement in respect of any circumstances which may have afforded him the means of mitigating his loss. We now come to a class of cases which bear a closer resemblance to the Dunkirk, fyc. Company v. Lever....

The Federal Reporter, Nide 264

1920 - 1058 sivua
...case of Roehm v. Horst, supra, the Supreme Court, in referring to this phase of the question, said : "On the other hand, the promisee may, if he thinks...appointed time, subject, however, to abatement In respect of any circumstances which may have afforded him the means of mitigating his loss." In the case of...




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