D. A. Tompkins Co. v. Monticello Cotton Oil Co.

Citations

• 153 F. 817
• 1907 U.S. App. LEXIS 5134

Syllabus

<p>1. Damages — Breach oe Contract — Compensation — Contemplation op Parties.</p> <p>In an action for breach of contract, the party committing the breach is liable only for such losses as would naturally and probably be in the contemplation of the parties at the time of malting the contract.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. yol. 15, Damages, § 58.]</p> <p>2. Sales — Breach op Contract — Damages—Contingent I’iiottts.</p> <p>AYhere defendant purchased certain cotton-seed milling machinery of plaintiff, to he installed ata specified time, and in contemplation thereof purchased large quantities of cotton seed, which deteriorated in value by reason of plaintiffs delay in installing the machinery, defendant was not entitled to recover on a counterclaim losses resulting from the manufacture and sale of the seed products which might not have occurred if the machinery had been installed in timó.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. yol. 43, Sales, § 1198; vol. 15, Damages, §§ 72-88.]</p> <p>8. Damages — Reduction on Damages.</p> <p>Where plaintiff contracted to install certain cotton-seed machinery in defendant’s factory within a specified time, and foreseeing that it would be unable to deliver the machinery in time, notified defendant, urging him not to accumulate seed, it was defendant’s duty to reduce its damages to a minimum, and it was not justified in purchasing such improvident quantities of seed that it-was necessary to store same on the ground, exposed to the elements, and charge the damage to plaintiff.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 15, Damages, §§ 128-131.]</p> <p>4. Sales — Breach oe Contract — Damages—Subsequent Contract.</p> <p>Where defendant made certain contracts for the sale of cotton-seed products, after the execution of plaintiff’s contract to install certain machinery in defendant’s factory at a specified time, plaintiff was not chargeable with defendant’s losses on such contracts beca