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
Citation 141 N.C. 284
53 S.E. 885 (1906)
Date decided 1906

Rule

  1. 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.
  2. Parties when contracting can expressly provide for such enlarged responsibilities, by liquidating the amount when the damages cannot be otherwise ascertained.
  3. Even bad faith violation of a contract cannot reverse this rule of law.