Cannon v. Oregon Moline Plow Co.

Citations

• 115 Wash. 273
• 197 P. 39
• 1921 Wash. LEXIS 736

Syllabus

<p>Damages (13, 15)—Prospective Consequences — Circumstances Within Contemplation oe Parties—Loss op Proeits. A party is entitled to compensation for any injury to him or his property in such an amount as will compensate him for all the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result therefrom and can reasonably be presumed to have been in the contemplation of the parties, but he cannot recover damages for the remote or conjectural consequences of another’s acts.</p> <p>Same (9)—Proximate Consequences. Special damages by way of anticipated profits arising from an act injurious in itself may he recovered if they can he ascertained with reasonable certainty and can reasonably he presumed to have been contemplated by the parties when the transaction occurred, and were the natural and proximate consequences of the transaction, provided the complaining party has done everything in his power to make the damages as little as possible.</p> <p>Same (22, 27)—Mitigation—Duty to Reduce. In an action for damages for the wrongful conversion of a tractor while plaintiff was engaged in plowing his potato land, the loss of profits on a prospective potato crop are not recoverable, where plaintiff did not exercise ordinary diligence to avoid the loss, in whole or in part, by straining his credit to procure another tractor, or by hiring or purchasing horses for the work, both tractors and horses being readily available in a near-by commercial center.</p>