Winston Cigarette Mach. Co. v. Wells-Whitehead Tobacco Co.
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Winston Cigarette Mach. Co. v. Wells-Whitehead Tobacco Co. | |
Court | Supreme Court of North Carolina |
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Citation | 141 N.C. 284 53 S.E. 885 (1906) |
Date decided | 1906 |
Rule
- Whenever profits are rejected as an item in the calculation of damages, it is because they are too dependent on the fluctuations of the market to constitute a safe criterion for an estimate of damages.
- Parties when contracting can expressly provide for such enlarged responsibilities, by liquidating the amount when the damages cannot be otherwise ascertained.
- Even bad faith violation of a contract cannot reverse this rule of law.