Howard v. Stillwell & Bierce Mfg. Co.
139 U.S. 199 (1891)

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U.S. Supreme Court

Howard v. Stillwell & Bierce Mfg. Co., 139 U.S. 199 (1891)

Howard v. Stillwell & Bierce Manufacturing Company

No. 180

Argued January 30, 1891

Decided March 16, 1891

139 U.S. 199

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE NORTHERN DISTRICT OF TEXAS

Syllabus

The failure to note an objection to a deposition, based upon the form of the commission or the manner of executing it, when the deposition is taken or to present the objection by a motion to suppress or by some other notice before the trial begins, will be held to be a waiver of it.

In an action to recover the contract price for putting up mill machinery, anticipated profits of the defendant resulting from grinding wheat into flour and selling the same, had the mill been completed at the date specified in the contract, cannot be recovered by way of damages for delay in putting it up.

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