Eisenlohr v. Swain et al.
| Decision Date | 01 January 1859 |
| Parties | Eisenlohr versus Swain et al. |
| Court | Pennsylvania Supreme Court |
What was said by the judge at Nisi Prius, was a sufficient answer to the plaintiff's demand for speculative damages in this case. The defendants having failed, through mistake or accident, and without fraud, to publish the plaintiff's notice according to contract, he was entitled to recover back the advertising fee he had paid, and that the verdict gave him.
The judgment is affirmed.
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4 cases
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Hooks Smelting Company v. Planters' Compress Company
...N. C. 689, s. c. 24 Pittsb. L. J. 19, s. c. 33 Leg. Int. 322; 48 Pa. 309; 51 Pa. 165; 2 Del. 60, 247; 71 Pa. 350; 65 Pa. 199; 91 Pa.St. 92; 35 Pa. 107; 135 Pa.St. 132, s. c. 19 A. 1008; 48 Pa. s. c. 13 Pittsb. L. J. 173. M. L. Stephenson, and Jno. J. & E. C. Hornor, for appellee. There was ......
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Winston Cigarette Mach. Co v. Wells-whitehead Tobacco Co
...of exact ascertainment or of being proved with reasonable certainty. We are unable to distinguish the two cases. So in Eisenlohr v. Swain. 35 Pa. 107, 78 Am. Dec. 328, where the defendants had failed to advertise a sale as they had contracted to do, it was held that the plaintiff could not ......
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Winston Cigarette Mach. Co. v. Wells-Whitehead Tobacco Co.
...of exact ascertainment or of being proved with reasonable certainty. We are unable to distinguish the two cases. So in Eisenlohr v. Swain, 35 Pa. 107, 78 Am. Dec. 328, where the defendants had failed to advertise a sale as they had contracted to do, it was held that the plaintiff could not ......
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Shealy's, Inc. v. SOUTHERN BELL TELEPHONE & TEL. CO., Civ. A. No. 3324.
...is most uncertain, and the circuit court was correct in holding that such damages were not recoverable." See also Eisenlohr v. Swain, 1860, 35 Pa. 107, 78 Am.Dec. 328. In Winston Cigarette Mach. Co. v. Wells-Whitehead Tobacco Co., 1906, 141 N.C. 284, 53 S.E. 885, 889, 8 L.R.A., N.S., 255, t......