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· 1/3/1910

Clyde Coal Co. v. Pittsburg & Lake Erie Railroad

Citations

  • 226 Pa. 391
  • 75 A. 596
  • 1910 Pa. LEXIS 781

Syllabus

<p>Contract — Breach of contract — Damages—Profits.</p> <p>1. Profits arising from a subsequent contract though made on the faith of the original contract and capable of definite ascertainment, are not recoverable in an action for the breach of the original contract.</p> <p>2. For the breach of a contract damages may be recovered for loss of profits, the direct and immediate fruits of the contract itself and ascertainable with'reasonable certainty, when they are the natural result of such breach, or which, under the circumstances, the parties may have contemplated at the execution of the contract as the probable result of its breach; but damages for the loss of profits for the violation of a contract may not be recovered where they are uncertain, remote or speculative, or when they grow out of a subsequent collateral or subordinate undertaking which was entered into upon the faith of the principal contract.</p> <p>3. Where a railroad company contracts with a coal mining company to furnish cars at a particular point and fails to do so, the coal company in an action for the breach of the contract, is not entitled to recover profits that would have accrued on a contract subsequently made, to deliver a definite number of tons per day to a purchaser, if it appears that the railroad company had no knowledge, at the time it made its agreement to deliver cars, that the coal company contemplated the making of such a contract.</p>

Judges: Brown, Elkin, Fell, Mestrezat, Potter, Stewart

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.