Download book Reports of Cases Determined in the Supreme Court of the State of California (Volume 80)
Download book Reports of Cases Determined in the Supreme Court of the State of California (Volume 80)
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Author: California Supreme Court
Page Count: 234 pages
Published Date: 02 Feb 2012
Publisher: General Books
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781235637537
File size: 43 Mb
File Name: Reports.of.Cases.Determined.in.the.Supreme.Court.of.the.State.of.California.(Volume.80).pdf
Download Link: Reports of Cases Determined in the Supreme Court of the State of California (Volume 80)
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906. Excerpt: ... engagements, and the depreciation of his stock in trade? If this were true, there would be a very convenient way of getting rid of a business rival. A business might be destroyed by a preliminary injunction, before the truth of the allegations upon which it was obtained could be inquired into. The best considered cases agree that where an established business is wrongfully injured or destroyed, the owner of the business can recover the damages sustained thereby, and that upon this question evidence of the profits which he was actually making is admissible. (Terre Haute v. Hudnut, 120 Ind. 550 et seq.; Allison v. Chandler, 11 Mich. 558 et seq.; Chapman v. Kirby, 49 I1l. 219; Simmons v. Brown, 5 R. I. 299; 73 Am. Dec. 66; Gibso7i v. Fisher, 68 Iowa, 30; Goebel v. Hough, 26 Minn. 256; Shafer v. Wilson, 44 Md. 268.) The damages must be proximate, and not too speculative and remote. Thus it has been held that the profits which a party claims that he would have made from a contemplated extension of his business are too remote. (Chicago Railway v. Howison, 86 Ill. 215.) But we think that the facts of the present case bring it within the rule above stated, although the business had only been established a short while. 4. We think, however, that the court erred in allowing the plaintiff to recover damages accruing after the final decree, made in February, 1881. By it the court decreed that "the temporary injunction heretofore granted be made perpetual, and that said defendant be enjoined for the space of twenty years," etc. An appeal was taken from this decree, and it was reversed. The remittitur was filed in the lower court on July 5, 1882. Shortly afterward the suit was dismissed upon motion. The trial court in the present case evidently proceeded upon the theor...
Read online Reports of Cases Determined in the Supreme Court of the State of California (Volume 80) Buy Reports of Cases Determined in the Supreme Court of the State of California (Volume 80) Download Reports of Cases Determined in the Supreme Court of the State of California (Volume 80) ebook, pdf, djvu, epub, mobi, fb2, zip, rar, torrent Download to iPad/iPhone/iOS, B&N nook Reports of Cases Determined in the Supreme Court of the State of California (Volume 80)
Reports of Cases Determined in the Supreme Court of the State of California (Volume 80). California Supreme Court
Author: California Supreme Court
Page Count: 234 pages
Published Date: 02 Feb 2012
Publisher: General Books
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781235637537
File size: 43 Mb
File Name: Reports.of.Cases.Determined.in.the.Supreme.Court.of.the.State.of.California.(Volume.80).pdf
Download Link: Reports of Cases Determined in the Supreme Court of the State of California (Volume 80)
---------------------------------------------------------------
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906. Excerpt: ... engagements, and the depreciation of his stock in trade? If this were true, there would be a very convenient way of getting rid of a business rival. A business might be destroyed by a preliminary injunction, before the truth of the allegations upon which it was obtained could be inquired into. The best considered cases agree that where an established business is wrongfully injured or destroyed, the owner of the business can recover the damages sustained thereby, and that upon this question evidence of the profits which he was actually making is admissible. (Terre Haute v. Hudnut, 120 Ind. 550 et seq.; Allison v. Chandler, 11 Mich. 558 et seq.; Chapman v. Kirby, 49 I1l. 219; Simmons v. Brown, 5 R. I. 299; 73 Am. Dec. 66; Gibso7i v. Fisher, 68 Iowa, 30; Goebel v. Hough, 26 Minn. 256; Shafer v. Wilson, 44 Md. 268.) The damages must be proximate, and not too speculative and remote. Thus it has been held that the profits which a party claims that he would have made from a contemplated extension of his business are too remote. (Chicago Railway v. Howison, 86 Ill. 215.) But we think that the facts of the present case bring it within the rule above stated, although the business had only been established a short while. 4. We think, however, that the court erred in allowing the plaintiff to recover damages accruing after the final decree, made in February, 1881. By it the court decreed that "the temporary injunction heretofore granted be made perpetual, and that said defendant be enjoined for the space of twenty years," etc. An appeal was taken from this decree, and it was reversed. The remittitur was filed in the lower court on July 5, 1882. Shortly afterward the suit was dismissed upon motion. The trial court in the present case evidently proceeded upon the theor...
Read online Reports of Cases Determined in the Supreme Court of the State of California (Volume 80) Buy Reports of Cases Determined in the Supreme Court of the State of California (Volume 80) Download Reports of Cases Determined in the Supreme Court of the State of California (Volume 80) ebook, pdf, djvu, epub, mobi, fb2, zip, rar, torrent Download to iPad/iPhone/iOS, B&N nook Reports of Cases Determined in the Supreme Court of the State of California (Volume 80)