10. A trustee, executor, or guardian, or other person standing in a like relation to another, may be made to account for and pay all the profits made by him in any of the concerns of his trust, as by embarking the trust funds in trade. 1 Story, Eq. Jur. 465 ; 2 Mylne & K. Ch. 66, 672, note ; 1 Yes. Ch. 32, 41, 42, 43, in note ; 11 id. 61 ; 2 Ves. & B. Ch. 315; 1 Jac. & W. Ch. 122, 131 ; 1 Turn. & R. Ch. 879; 2 Williams, Exec. 1311; 1 Serg. & R. Penn. 245; 1 Term, 295 ; 1 Manic & S. 412; 2 Brown, Ch. 400 ; 10 Pick. Mass. 77.
The expected profits of a special contract may be reckoned as a part of the damages for a failure to fulfil it, where it appears that such profits would have accrued from the contract itself as the direct and irome diate consequence of its fulfilment. 13 Flow. 307, 344 ; 7 Cush. Mass. 516, 522, 523; 8 Exch. 401 ; 16 N. Y. 489 ; 7 Hill, N. Y. 61 ; Maine, Damages, 15, 16 ; 2 C. B. N. s. 592. But where the profits are such only as were ex pected to result from other independent bar gains actually entered into on the faith of such special contract, or for the purposes of fulfilling it, or are contingent upon future bargains .or speculations or states of the
market, they are too remote and uncertain to be relied upon as a proper basis of damages, 13 How. 307, 344; 38 Me. 361 ; 7 Cush. Mass. 516, 522, 523 ; 7 Hill, N. Y. 61; 13 C. B. 353; Chitty, Contr. ed. 1860, 980, 981, notes. See, also, 21 Pick. Mass. 378, 381 ; 3 Cush. Mass. 201, 205 ; 1 Pet. C. C. 85, 94 ; 3 Wash. C. C. 184; 1 Pet. 172 ; 1 Yeates, Penn. 36 ; 11 Serg. & R. Penn. 445.
11. A purchaser is entitled to the profits of the estate from the time fixed upon for completing the contract, whether he does or does not take possession of ' the estate. 2 Sugden, Vend. 7th Am. ed. ch. 16, sect. 1, art. 1; 6 Dan. Ky. 298 ; 3 Gill, Md. 82. See 6 Ves. Ch. 143,352; 12 Mees. & W. Exch. 761.
Under vrhat circumstances a participation or sharing in profits will make one a partner in trade or adventure, see PARTNERS; PART- I