Hawaiian Pineapple Co. v. Saito

Citations

• 24 Haw. 787
• 1919 Haw. LEXIS 42

Syllabus

<p>Specific Performance — contract for sale of chattels.</p> <p>Equity will not in general decree tbe specific performance of contracts concerning chattels because their money value recovered as damages will enable the party to purchase others in the market of like kind and quality.</p> <p>Same — same.</p> <p>But where the chattels are such that they are not obtainable in the market or can only be obtained at great expense and inconvenience and failure to obtain them causes a loss which cannot be adequately compensated in an action at law a court of equity will decree specific performance.</p> <p>Contracts — damages for loss of profits.</p> <p>It is a rule that while under some circumstances a party has a right to recover loss of profits as a part of the damages for a breach of contract it is only where the profits are such as would have accrued and grown out of the contract itself as the direct and immediate result of its fulfillment.</p> <p>Same — same.</p> <p>But if the profits are such as would have been realized by the party from other independent and collateral undertakings, although entered into in consequence and on the faith of the principal contract, they are too uncertain, remote and speculative to be taken into consideration as a part of the damages occasioned by the breach of the contract.</p> <p>Same — measure of damages — resale.</p> <p>Where a vendor fails to comply with his contract the general rule for the measure of damages is the difference between the contract price and the market price of the commodity at the time of the breach, but if the contract of purchase is made with a view of a known resale already contracted or any known special use the damages which are contemplated to result from the vendor’s breach are those which would naturally result on the basis of the contract for resale or other special use known to the vendor when the contract was made.</p> <p>Same — same—same.</p> <p>The contemplation of damages will include such as ordinaril