Howard v. Stillwell & Bierce Manufacturing Co.

Citations

• 139 U.S. 199
• 11 S. Ct. 500
• 35 L. Ed. 147
• 1891 U.S. LEXIS 2373

Syllabus

<p>The failure to note an objection to a deposition, based upon the form of the commission or the manner of executing it, when the deposition is taken, or to present the objection by'a motion to suppress, or by some other notice before the trial begins, will be held to be a waiver of it.</p> <p>In an action to recover the contract price for putting up mill machinery, anticipated profits of the defendant resulting from grinding wheat into flour and selling the same, had the mill been completed at the date specified in the contract, cannot be recovered by way of damages for delay in putting it up.</p> <p>As a general rule, subject to well established qualifications, anticipated profits, prevented by the breach of a contract, are not recoverable as damages for such breach; but, where such profits, which would have been realized had the contract been performed, and which have been prevented by its breach, are not open to the objection of uncertainty or remoteness, or where, from the express or implied terms of the contract itself, or the special circumstances under which it was made, it, may be reasonably presumed that they were within the intent and mutual understanding of both parties at the time it was entered into, they are so recoverable.</p>