Summary

Lucius Quintus Cincinnatus Lamar Howard v. Stillwell Bierce Manufacturing Company…

There the possible profit is the very object of the contract, and is necessarily in the contemplation of the parties. But when a machinist furnishes machinery to a mill-owner it is no part of his engagement that a profitable business shall be carried on with the machinery furnished. Of course, if it is defective, he is responsible for the damage resulting directly from such defect; but that is a very different thing from the uncertain, remote, and speculative profits, which may or may not be made in the business to be done.' In Manufacturing Co.
Source: Wikisource

Lucius Quintus Cincinnatus Lamar Howard v. Stillwell Bierce Manufacturing Company…

In some cases of almost exact analogy in the facts, the adjudications of the courts in the different states are directly opposite. The grounds upon which the general rule of excluding profits, in estimating damages, rests, are (1) that in the greater number of cases such expected profits are too dependent upon numerous, uncertain, and changing contingencies to constitute a definite and trust worthy measure of actual damages; (2) because such loss of profits is ordinarily remote, and not, as a matter of course, the direct and immediate result of the non-fulfillment of the contract
Source: Wikisource

Lucius Quintus Cincinnatus Lamar Howard v. Stillwell Bierce Manufacturing Company…

The machines, when furnished, were found not to make a high grade of flour, and to be incapable of producing the stipulated number of barrels per day. In an action for damages by the plaintiff for breach of the contract, it was held that the loss of possible profits, which might have been made if the mill had run properly, was not a proper subject of damages, for the reason that such damages were too remote and speculative.
Source: Wikisource

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