Liquidating damages north carolina

liquidating damages north carolina-48
After the county breached the contract and notified the company, the company continued and finished work anyway.The county is only liable for work performed up to the breach, not afterwards.

After the county breached the contract and notified the company, the company continued and finished work anyway.The county is only liable for work performed up to the breach, not afterwards.

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Defendant around 13-15 July 1909 sold his wheat to another party for the price of $1.16 per bushel.

Defendant processed more wheat on 25 July 1909 and the wheat was ready for sale around 29 July 1909, at which time the price of wheat was below $1 per bushel.

Parker was awarded the entire amount of a breached acting contract, even though she turned down a similar contract Fox had offered her in its place for acting in another film of a different genre in a different location with slightly different provisions.

Defendant was awarded full wages for employer hiring someone else (for "floor lady and designer") and offering defendant a lower wage.

One might contract for something that lowers the value of property, for instance, and the promisor would still be liable for the work, not the low-value result.

Plaintiff contracted with defendant on 29 April 1909 for 2,000 bushels of wheat at

Plaintiff contracted with defendant on 29 April 1909 for 2,000 bushels of wheat at $1.03 per bushel "to be delivered from [the] thresher", and supplied sacks for use in delivering the wheat.

Held The defendant owes plaintiff, not the difference between the value of the land if defendant had performed and the original value of the land, but the value of the actual performance lacking by breach of the contract.

The law aims to give the promisee what was promised, not the fair market value of the outcome of performance.

Plaintiff sued because publisher didn't publish his book as promised.

Trial court wanted to give plaintiff $10,000 so that he could publish the books himself, but the Court of Appeals gave him nominal damages.

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Plaintiff contracted with defendant on 29 April 1909 for 2,000 bushels of wheat at $1.03 per bushel "to be delivered from [the] thresher", and supplied sacks for use in delivering the wheat.Held The defendant owes plaintiff, not the difference between the value of the land if defendant had performed and the original value of the land, but the value of the actual performance lacking by breach of the contract.The law aims to give the promisee what was promised, not the fair market value of the outcome of performance.Plaintiff sued because publisher didn't publish his book as promised.Trial court wanted to give plaintiff $10,000 so that he could publish the books himself, but the Court of Appeals gave him nominal damages.The courts ruled that Missouri is entitled only to the difference of the original contract price and the market price on each of the breached delivery dates—no forward purchasing.For a breach in September for staves due in December, a trial court awarded Reliance the difference between the contract price and the price at the time of breach, but on appeal the reversal said that "there is no duty to mitigate damages until there are damages to mitigate", so the difference between contract price and the price when the contract was due was awarded.Buyer breaching contract for boat from boat reseller is awarded repayment of downpayment minus the profit seller would have made as well as seller's incidental expenses, even though seller found another buyer for the boat.Mill that paid extra to have a new crank shaft created and delivered was not entitled to damages from lost profits from the new shaft being delivered days late, because the damages did not naturally flow from a late delivery in general and the special circumstances were not communicated to the other party.The amount owed does not subtract unemployment compensation, nor does it subtract the lower salary offered to the employee.Missouri contracted with Cochran to deliver a year's worth of coal at specified delivery dates, and when Cochran breached Missouri purchased the remainder from another individual.

.03 per bushel "to be delivered from [the] thresher", and supplied sacks for use in delivering the wheat.Held The defendant owes plaintiff, not the difference between the value of the land if defendant had performed and the original value of the land, but the value of the actual performance lacking by breach of the contract.The law aims to give the promisee what was promised, not the fair market value of the outcome of performance.Plaintiff sued because publisher didn't publish his book as promised.Trial court wanted to give plaintiff ,000 so that he could publish the books himself, but the Court of Appeals gave him nominal damages.The courts ruled that Missouri is entitled only to the difference of the original contract price and the market price on each of the breached delivery dates—no forward purchasing.For a breach in September for staves due in December, a trial court awarded Reliance the difference between the contract price and the price at the time of breach, but on appeal the reversal said that "there is no duty to mitigate damages until there are damages to mitigate", so the difference between contract price and the price when the contract was due was awarded.Buyer breaching contract for boat from boat reseller is awarded repayment of downpayment minus the profit seller would have made as well as seller's incidental expenses, even though seller found another buyer for the boat.Mill that paid extra to have a new crank shaft created and delivered was not entitled to damages from lost profits from the new shaft being delivered days late, because the damages did not naturally flow from a late delivery in general and the special circumstances were not communicated to the other party.The amount owed does not subtract unemployment compensation, nor does it subtract the lower salary offered to the employee.Missouri contracted with Cochran to deliver a year's worth of coal at specified delivery dates, and when Cochran breached Missouri purchased the remainder from another individual.

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