 ... the amount of damages which he has sustained by breach of the contract, but simply to defend himself by showing how much less the subject-matter of the action was worth, by reason of the breach of contract ; and to the extent that he obtains, or is...  Reports of the Supreme court of Canada - Page 452de Canada law reports - 1878Affichage du livre entier - À propos de ce livre
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1837
...defendant to shew how much less the subject-matter of the action was worth by reason of the breach of the contract: and to the extent that he obtains, or is...received satisfaction for the breach of contract; and he is precluded from recovering in another action to that extent, but no more. Mondel v. Steel, 858... | |
 | 1842
...much less the subject-matter of the action was worth by reason of the breach of the contract; and Wthe extent that he obtains, or is capable of obtaining,...received satisfaction for the breach of contract; and he is precluded from recovering in another action to that extent, but no more.—Mmdel v. Steel, 8... | |
 | Alfred Dowling, Vincent Dowling, Great Britain. Bail Court - 1843
...of the contract ; and to the extent he obtains, or is capable of obtaining, by the abatement of the price, on that account, he must be considered as having received satisfaction for the breach of the contract, and is precluded from recovering in another action to that extent, but no more. The opinion,... | |
 | William Selwyn - 1845 - 1543 pages
...defend himself by showing how much less the subject-matter of the action was worth, by reason of the breach of contract, and to the extent that he obtains,...recovering in another action to that extent ; but no more (a)." But a consequential and subsequent damage and loss, must be the subject of a cross action (x).... | |
 | Theodore Sedgwick - 1852 - 650 pages
...defend himself by showing how much less the subject-matter of the action was worth, by reason of the breach of contract; and to the extent that he obtains,...recovering in another action to that extent, but no more. " The opinion, therefore, attributed on this record to the learned judge, is, we think, incorrect and... | |
 | John William Smith, John Innes Clark Hare, Horace Binney Wallace - 1855
...much less the subject-matter of the action was worth, by reason of the breach of contract; and that to the extent that he obtains, or is capable of obtaining...recovering in another action to that extent ; but no more.) And though in Epperly v. Baily, 3 Indiana, 75, the doctrine of this case is not liked, and the language... | |
 | Theophilus Parsons - 1857
...defendant to show how much less the subject-matter of the action was worth by reason of the breach of the contract ; and to the extent that he obtains, or is...obtaining, an abatement of price on that account, he must lie considered as having received satisfaction for the breach of contract ; and he is precluded from... | |
 | William Selwyn - 1861
...defend himself by showing how much less the subject-matter of the action was worth, by reason of the breach of contract ; and to the extent that he obtains,...recovering in another action to that extent; but no more" (y). But a consequential and subsequent damage and loss must be the subject of a cross action (z).... | |
 | Theophilus Parsons - 1866
...defendant to show how much less the subject-matter of the action was worth by reason of the breach of the contract ; and to the extent that he obtains, or is...obtaining, an abatement of price on that account, ho must be considered as having received satisfaction for the breach of contract ; and he is precluded... | |
 | Judah Philip Benjamin - 1868 - 715 pages
...defend himself by showing how much less the subject-matter of the action was worth, by reason of the breach of contract; and to the extent that he obtains,...recovering in another action to that extent, but no more." This case is the leading case now always cited for establishing— First. That the buyer may set up... | |
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