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" ... 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 452
de Canada law reports - 1878
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volume 8

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...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 28

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...
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Reports of Cases Argued and Determined in the Queen's ..., Partie 140,Volume 1

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,...
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An Abridgment of the Law of Nisi Prius ...

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)....
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A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles ...

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...
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A Selection of Leading Cases, on Various Branches of the Law, Volume 2

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...
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The Law of Contracts, Volume 1

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...
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Selwyn's Abridgement of the Law of Nisi Prius, Volume 1

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)....
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The Law of Contracts, Volume 1

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...
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A Treatise on the Law of Sale of Personal Property: With References to the ...

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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