· 12/15/1932
Johnson v. McQuade
Citations
- 237 A.D. 864
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reversing trial court’s summary judgment ruling that lost profits sought by plaintiff were consequential damages subject to the contract’s damages limitation provision
- explaining lost profits may be direct if natu rally flowing from the contract or from an existing resale contract or may be consequential if stemming from anticipated collateral agreements
- permitting plaintiff to plead lost profits damages upon a finding that the “distinction at the heart of these cases is [that] the lost profits flowed directly from the contract itself”
- “[D]amages must be evaluated within the context of the agreement, and ... under the parties’-.[agreement], the lost .profits constitute general, not consequential, damages.”
- “[W]here . . . 23 damages reflect a ‘loss of profits on collateral business arrangements,’ they are [consequential damages].”
- “General damages are the natural and probable consequence of the breach of a contract. They include money that the breaching party agreed to pay under the contract.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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