The rule just stated is subject to the limitation that only such damages can be recovered as can be deemed to have been in the contemplation of the parties. The breach of a contract may result in losses which neither party contemplated or could contemplate at the time the contract was entered into, and the courts have striven to lay down rules by which the limit of damages may be ascertained. The limit must depend upon the nature of the particular contract, and only the most general rules can be laid down. It is said that "the damages to which the plaintiff is entitled are such as might have been supposed by the parties to be the natural result of a breach of the contract; such as might have been in their contemplation when the contract was made." 40 Any special loss which might accrue from a breach of contract, but which would not naturally and obviously flow therefrom, must, to be recoverable, be expressly provided for in making the contract. In a leading case,*1 the rules were thus stated: That where a party has broken his contract the damages which the other party should recover should be (1) such as may fairly and reasonably be considered to arise naturally - that is, according to the usual course of things - from the breach, or such as may reasonably be supposed to have been in the contemplation of both parties at the time thev made the contract, as the probable result of its breach; *2 that (2) if the damages arose out of special circumstances, communicated and so known to both parties when the contract was made, the damages which the parties would reasonably contemplate would be the amount of injury which would ordinarily follow from the breach of a contract under those special circumstances so known and communicated;43 but (3) if the special circumstances were whol-
37 See Anson, Cont. (4th Ed.) 309-312.
38 Per Parke, B., in Robinson v. Harman, 1 Exch. 855. And see Griffin v. Colver, 16 N. Y. 4S9, 69 Am. Dec. 718; Cutting v. Railway Co., 13 Allen (Mass.) 381; Croucher v. Oakman, 3 Allen (Mass.) 185. See "Damages," Dec. Dig. (Key-No.) §§ 117-119; Cent. Dig. §§ 285-290.
39 Per Maule, J., in Beaumont v. Greathead, 2 C. B. 494. And see Excelsior Needle Co. v. Smith, 61 Conn. 56, 23 Atl. 693; Horton v. Bauer, 129 N. Y. 148, 29 N. E. 1; Watts v. Weston, 62 Fed. 136, 10 C. C. A. 302; Barnes v. Brown, 130 N. Y. 372, 29 N. E. 760; Weber v. Squier, 51 Mo. App. 601. flee "Damages," Dec. Dig. (Key-No.) § 9; Cent. Dig. §§ 7-15.
40 Anson, Cont (4th Ed.) 310; Hadley v. Baxendale, 9 Exch. 341; Gre-bert-Borgnis v. Nugent, 15 Q. B. Div. 85. See "Damages," Dec. Dig. (Key-No.) §§ 18, 19; Cent. Dig. §§ S7-53.
41 Hadley v. Baxendale, 9 Exch. 341. See "Damages," Dec. Dig. (Key-No.) §§ 18, 19; Cent. Dig. §§ 37-53.
42 Cutting v. Railway Co., 13 Allen (Mass.) 381; Clark v. Moore, 3 Mich. 63; Carnegie v. Holt, 99 Mich. GOG, 58 N. W. 623; Booth v. Mill Co., GO N. Y. 487; Hamilton v. McPherson, 28 N. T. 72, 84 Am. Dec. 330; Swain v. Schief-felin, 134 N. T. 471, 31 N. E. 1025, 18 L. It. A. 385; Blagen v. Thompson. 23 Or. 239, 31 Pac. G47, 18 L. R. A. 315; Fleming v. Beck, 48 Pa. 309; True v. Telegraph Co., 60 Me. 9, 11 Am. Rep. 156; Hurd v. Dunsmore, 63 X. H. 171. Interest should be allowed on damages from the time of their accrual. International Contracting Co. v. McNichol (C. C.) 105 Fed. 553; Watkins v. Junker. 90 Tex. 584, 40 S. W. 11. See "Damages," Dec. Dig. (Key-No.) § 28; Cent. Dig. §§ 58, 62.
43 Smeed v. Foord, 1 El. & El. 602; Booth v. Mill Co., 60 N. Y. 487; Hammer v. Schoenfelder, 47 Wis. 455, 2 X. W. 1129; Shepard v. Gaslight Co., LP Wis. 318, 82 Am. Dec. 679; King v. Woodbridge, 84 Vt. 565; Smith v. Railroad Co., 12 Allen (Mass.) 531, 90 Am. Dec. 166; Illinois Cent. It. Co. v Cobb, 64 I11. 128; Watson v. Inhabitants of Needham, 161 Mass. 404 37 N. E. 204, 24 L. R. A. 287. Mere communication of special circumstances la not ly unknown to the party breaking the contract, he at the most could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any such special circumstances.44
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