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×Acme Mills & Elevator Co. v. Johnson
Court of Appeals of Kentucky | 133 S.W. 784 (Ky. App. 1911)
The measure of damages for failure to deliver personal property at a specific time and place is the difference between the contract price and the market price of the property at the time and place of delivery.
Allegheny College v. National Chautauqua County Bank
Court of Appeals of New York | 159 N.E. 173 (N.Y. 1927)
To constitute an enforceable promise, the promise and the consideration must be the motives for each other.
American Trading & Production Corp. v. Shell International Marine, Ltd.
United States Court of Appeals for the Second Circuit | 453 F.2d 939 (2d Cir. 1972)
A party is excused from performance if, due to an unanticipated event, the means of performance is destroyed or performance can only be accomplished with extreme and unreasonable difficulty, making performance objectively impossible.
Anderson v. Fox Hill Village Homeowners Corp.
Supreme Judicial Court of Massachusetts | 676 N.E.2d 821 (Mass. 1997)
To prove that an individual is an intended third party beneficiary of a contract, she must show that the parties to the contract clearly and definitely intended to give her the benefit of the promised performance.
Boone v. Coe
Court of Appeals of Kentucky | 154 S.W. 900 (Ky. App. 1913)
Damages cannot be recovered for breach of a contract within the statute of frauds if no benefit is conferred on the breaching party.
Brackenbury v. Hodgkin
Supreme Judicial Court of Maine | 102 A. 106 (Me. 1917)
In a unilateral contract, once the requested act is performed, the promise becomes binding.
Brian Construction & Development Co. v. Brighenti
Supreme Court of Connecticut | 405 A.2d 72 (Conn. 1978)
When an unforeseen, burdensome condition arises during the performance of a contract, the promise of additional compensation in return for the promise to do the additional work is a separate, valid agreement.
Broemmer v. Abortion Services of Phoenix
Supreme Court of Arizona | 840 P.2d 1013 (Ariz. 1992)
An adhesion contract is enforceable if it is within the reasonable expectations of the parties and it is not unconscionable.
Brower v. Gateway 2000, Inc.
Supreme Court of New York, Appellate Division | 676 N.Y.S.2d 569 (N.Y. Sup. 1998)
A commercially unreasonable contract is unconscionable and will not be enforced.
Bunge Corp. v. Recker
United States Court of Appeals for the Eighth Circuit | 519 F.2d 449 (8th Cir. 1975)
A party is excused from performance in a sale of goods if the means of performance or the subject matter upon which the contract depends is destroyed due to an act of God, making performance impossible.
Carroll v. Bowersock
Supreme Court of Kansas | 164 P. 143 (Kan. 1917)
An individual may recover for his partial performance in the construction of a fixture or part of a building that is destroyed to the extent that the fixture had become so far identified with the building at the time of the destruction that it benefited the building owner as the contract had contemplated.
Chicago Coliseum Club v. Dempsey
Appellate Court of Illinois, First District | 265 Ill.App. 542 (1932)
In an action for breach of contract, a party can recover only on damages which naturally flow from and are the result of breach.
Cobaugh v. Klick-Lewis, Inc.
Superior Court of Pennsylvania | 561 A.2d 1248 (Pa.Super. 1989)
It is the manifested intent of the offeror and not his subjective intent which determines the power of a person to accept the offer.
Congregation Kadimah Toras-Moshe v. DeLeo
Supreme Judicial Court of Massachusetts | 540 N.E.2d 691 (1989)
To be enforceable, a contract must be supported by some kind of consideration.
Conley v. Pitney Bowes
United States Court of Appeals for the Eighth Circuit | 34 F.3d 714 (8th Cir. 1994)
In a bilateral contract for an exchange of performances where one party’s performance is to be rendered before the other’s, that prior performance is deemed to be a condition precedent to the latter performance.
Cushman v. Kirby
Supreme Court of Vermont | 536 A.2d 550 (Vt. 1987)
Where the seller of a house has full information on a defect in the house, but only discloses part of that information, and the buyer relies on the information disclosed to buy the house, the seller is liable for misrepresentation.
Davis v. Jacoby
Supreme Court of California | 34 P.2d 1026 (Cal. 1934)
An offer is to enter into a bilateral contract as opposed to a unilateral contract when only a promise to perform and not actual performance is requested by the offeror as proper acceptance.
Della Penna v. Toyota Motor Sales, U.S.A., Inc.
Supreme Court of California | 902 P.2d 740 (Cal. 1995)
An individual bringing suit for alleged interference with prospective contractual relations must prove that the alleged interferer engaged in some kind of wrongful conduct.
Denney v. Reppert
Court of Appeals of Kentucky | 432 S.W.2d 647 (Ky. App. 1968)
When a reward is offered to the general public for the performance of some act, agents, employees, and public officials who are acting within the scope of their employment or official duties are not entitled to the reward.
Dore v. Arnold Worldwide, Inc.
Supreme Court of California | 139 P.3d 56 (Cal. 2006)
A contract stating that an employee may be terminated at any time unambiguously means that he may be terminated with or without cause.
