American Express Co. v. Jennings

Citations

• 86 Miss. 329

Syllabus

<p>1. Contracts. Breach. Damages.</p> <p>A recovery for the breach of a contract should be limited to . such damages as may fairly and reasonably be considered as arising naturally from such breach, or to such damages as may reasonably be supposed to have been in the contemplation of -both parties at the time the contract was made as the probable result of a breach of it.</p> <p>S. Same. Special circumstances. Measure of damages. When known to both parties. When unknown to defendant.</p> <p>If in such case the special circumstances under which the contract was made were known to both parties, the damages resulting from a breach of it, which they would reasonably eon-' template, would be the amount of injury which would ordinarily _ follow from the breach under the special circumstances so known: but if the special circumstances were unknown to the party breaching the contract, he can only be supposed to have' had in contemplation the amount of injury which would arise generally from such a breach, not affected by the special circumstances.</p> <p>3. Same. Notice of special circumstances. When given.</p> <p>In order that notice or knowledge of the special circumstances under which a contract was made may increase the damages , recoverable for its breach, the same must have been given or acquired at the time or before the contract was made.</p> <p>4. Same. Concrete case.</p> <p>Where the owner of a cotton gin sent a piece of machinery, necessary to the operation of his gin, to a machinist for repairs, and the machinist, after repairing it, delivered the same, without disclosing the special circumstances, to a common carrier to be transported to the owner, the carrier is not liable to the owner because of a failure to deliver the machinery:</p> <p>(a) For special damages arising from the enforced idleness of the gin, nor</p> <p>(b) For time lost by plaintiff in going to defendant’s office to ^ inquire about the machinery,</p>