Cases on the American Law of Contract

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.1911 Excerpt: ... CHAPTER XIV. DISCHARGE OF RIGHT OF ACTION. Upon every breach of a contract the injured party acquires a right of action for compensation. The compensation at common law is always pecuniary damages. In certain classes of contracts where the remedy at law would furnish an inadequate compensation, a court of equity will take jurisdiction and decree a specific performance of the contract. But inasmuch as pecuniary damages and specific performance depend upon, and to a large extent vary with the nature of the contract which has been broken, they hardly belong to the subject of contracts in general, and can be more profitably considered in immediate connection with the particular kinds of contracts. We shall, therefore, leave the subject of contracts in general after giving some cases relating to the discharge of the right of action arising from breach of contract. ioo.--The right of action arising from a breach of contract may be discharged by A release; An accord and satisfaction; The judgment of a court of competent jurisdiction; Lapse of time. 101.--Release. MILLS Et Al. v. LARRANCE. 1900. 186 1ll. 635, 58 N. E. 219. In this case a release and stipulation under seal, executed between the complainant and defendants after the suit was begun, were set up by cross-bill. Demurrer to the cross-bill was sustained and the cross-bill was dismissed. Carter, J.-- It is insisted by counsel for appellee that the cross-bill was defective in not alleging any consideration for the making of the stipulation by her. But the stipulation recites, and shows on its face, that it was entered into by the complainant, Nancy Larrance, and the defendants, Richard Mills and John Ashby, the only parties to the suit, and was under seal; and the rule is, that where the c...