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Contracts Keyed to Barnett
Hadley v. Baxendale
Citation:
In the Court of Exchequer, 9 Ex. 341, 156 Eng. Rep. 145 (1854)ProfessorMelissa A. Hale
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Facts
On May 11th, the Millers’ mill broke down due to the breakage of a crank shaft. The steam-engine was manufactured by engineers in Greenwich and it was necessary for the Millers to send the shaft as a pattern to the engineers so that a new shaft could be manufactured. The fracture was discovered on May 12th, and on May 13th the Millers sent one of their servants to the Carriers to inquire about delivering the shaft to the engineers in Greenwich. The Millers’ servant told the Carriers that the mill was stopped and that the shaft must be sent immediately. The servant asked the Carriers about their turn-around, and was told that if they sent the shaft to the Carriers by noon of any day the package would be delivered by the following day. The next day the shaft was taken to the Carriers before noon and two pounds four shillings was paid for the delivery; the Carriers were told that the Millers would pay extra to hasten the delivery. The delivery of the shaft was delayed due to neglect resulting in the Millers not receiving the new shaft for several days after they should have received it. The mill was therefore closed for several extra days and profits were lost. Millers sued Carriers for breach of contract.
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