This site is a developmental version of Wiki Law School. To go to the production site: www.wikilawschool.org
Winston Cigarette Mach. Co. v. Wells-Whitehead Tobacco Co.: Difference between revisions
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
(Created page with "{{Infobox Case Brief |court=Supreme Court of North Carolina |citation=141 N.C. 284*53 S.E. 885 (1906) |date=1906 |subject=Contracts |appealed_from= |case_treatment=No |overtur...") |
(No difference)
|
Revision as of 18:17, September 12, 2020
Winston Cigarette Mach. Co. v. Wells-Whitehead Tobacco Co. | |
Court | Supreme Court of North Carolina |
---|---|
Citation | 141 N.C. 284 53 S.E. 885 (1906) |
Date decided | 1906 |
Rule
- Whenever profits are rejected as an item in the calculation of damages, it is because they are too dependent on the fluctuations of the market to constitute a safe criterion for an estimate of damages.
- Parties when contracting can expressly provide for such enlarged responsibilities, by liquidating the amount when the damages cannot be otherwise ascertained.
- Even bad faith violation of a contract cannot reverse this rule of law.