 | Edward Whiton Spencer - 1898 - 716 sivua
...can not have both the goods and their value, the measure of his recovery is the difference between the contract price and the market value at the time and place of delivery. But the measure of damages is often influenced by special circumstances. Thus, if A agrees... | |
 | Abraham Clark Freeman - 1899 - 1082 sivua
...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.... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1899 - 952 sivua
...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, Sales [Hornbook series] pp. 231, 232, sec. 125; 2 Benjamin, Sales [4th ed.] book... | |
 | Albert Poole Jacobs, Henry Allen Chaney - 1889 - 1162 sivua
...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 sivua
...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 sivua
...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 sivua
...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 sivua
...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...circumstances, must necessarily be broadened out to flt such circumstances, but only when such special circumstances are shown to have been brought home... | |
 | Joseph Asbury Joyce, Howard Clifford Joyce - 1904 - 1098 sivua
...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... | |
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... the difference between the contract price and the market value at the time and place of delivery. 
