 | Abraham Clark Freeman - 1899 - 1082 Seiten
...damages, in general, is to the extent of his actual injury, which ordinarily is the difference between the contract price and the market value at the time and place of the breach: Tiffany on Sales, Hornbook series, sec. 125; pp. 231, 232; 2 Benjamin on Sales, 4th ed., b.... | |
 | Albert Poole Jacobs, Henry Allen Chaney - 1889 - 1162 Seiten
...thereof : Ibid. 236. The measure of damages for a refusal to deliver cattle is the difference between the contract price and the market value at the time and place of delivery: McKercher v. Curtis, 35 M. 478. 237. And an instruction permitting the jury to allow the... | |
 | Floyd Russell Mechem - 1901 - 962 Seiten
...measure of the damages which the seller is thus entitled to recover is usually the difference between the contract price and the market value at the time and place of delivery.1 1 Tufts v. Bennett (1895), 163 Mass. 898. 40 NE R 172 [citing Barry v. Cavanagh, 127 Mass.... | |
 | William Livesey Burdick - 1901 - 456 Seiten
...paid (with interest), together with the measure of damages as above, that is, the difference between the contract price and the market value at the time and place of delivery. This is the general rule. Some states, however, permit the vendee, in case he has prepaid,... | |
 | Indiana. Appellate Court - 1901 - 802 Seiten
...rule is that the measure of damages is the difference Holt Ice, etc., Co. v. Arthur Jordan Co. between the contract price and the market value at the time and place fixed by the contract. Rahm v. Deig, 121 Ind. 283; Vickery v. McCormick, 117 Ind. 594. It is true,... | |
 | Floyd Russell Mechem - 1902 - 788 Seiten
...for the breach of an executory contract to sell and deliver property, 1. e. the difference between the contract price and the market value at the time and place of the delivery, in order to work out natural justice in case of special circumstances, must necessarily be... | |
 | Arizona. Supreme Court - 1904 - 534 Seiten
...the contract been fully executed, and the contract price paid. This would be the difference between the contract price and the market value at the time and place of delivery. Du-stan v. McAndrew, 44 N Y. 72. In this case the appellees allege in their counterclaim... | |
 | Joseph Asbury Joyce, Howard Clifford Joyce - 1904 - 1098 Seiten
...difference between the market value of the articles contracted for and of those delivered ; 8; or between the contract price and the market value at the time and place of delivery ; M or between the price agreed upon and the value of the property sold ; ^ or between the... | |
 | Tennessee. Supreme Court - 1905 - 836 Seiten
...generally, for the failure of the defendant to take the goods, and hence really for the difference between the contract price and the market value at the time and place of delivery. It did not seek to recover the difference between the contract price, and the price realized... | |
| |
... the difference between the contract price and the market value at the time and place of delivery. 
