What are the damages allowed for a 1911 crop?

Saskatchewan, Canada


The following excerpt is from Ontario Wind Engine v. Bunn, 1915 CanLII 205 (SK CA):

Second, as to the damages allowed for the 1911 crop. At the time of the purchase of the engine, the defendant had not a separator and had not decided to purchase one; and it was surely never contemplated by the parties at the time of the contract that the failure of the engine to work would result in the defendant’s crop remaining out all winter unthreshed. Ordinarily it would be supposed that the defendant would procure another engine or get someone to thresh his crop. The plaintiff had not notice at the time of the sale that it would not be possible to procure another engine, or that the damage claimed would or would likely be sustained. In my opinion, the damages in this respect are too remote, and do not come within the rule laid down in Hadley v. Baxendale, 23 L.J. Ex. 179. See also Shepherd v. Ross, 21 W.L.R. 239.

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