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" ... the other the difference between the contract price and the market price of the goods at the date fixed for executing the contract, then the whole transaction constitutes nothing more than a wager, and is null and void. "
Columbia Law Times: A Monthly Review Devoted to Law and Political Science - Sivu 148
1888
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Law of Contract

William Theophilus Brantly - 1912 - 590 sivua
...and the goods are not to be delivered, but one party is to pay to the other the difference between the contract price and the market price of the goods at the date fixed for executing the contract, then the whole transaction is a wager and is null and void.7...

Notes on Iowa Reports: Being Chronological Annotations of the Decisions of ...

Lev Russell - 1913 - 932 sivua
...deliver goods at a certain price is broken, and the price is not paid before the time for delivery, the proper measure of damages is the difference between the contract price and the market price at the time the delivery should have been made ; but that this rule does not apply...

Miscellaneous Reports. Cases Decided in the Courts of Record of the ..., Nide 99

New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - 1917 - 802 sivua
...special circumstances tending to show proximate damages of a greater amount than the difference between the contract price and the market price of the goods at the time when they should have been delivered. Subdivisions 2 and 3 of said section 148 PERSONAL PROPERTY LAW —...

British Ruling Cases from Courts of Great Britain, Canada, Ireland ..., Nide 7

1918 - 1116 sivua
...of the contract to deliver a cargo of coals in November, 1910, is correct. That contention is that the proper measure of damages is the difference between the contract price of 16s. 3d. per ton and the market price on the date of the breach of contract, which the arbitrator...

The English and Empire Digest: With Complete and Exhaustive ..., Nide 9

1924 - 728 sivua
...Non-delivery by vendor.] — In an action for the non-delivery of shares on a given day, pursuant to contract, the proper measure of damages is the difference between the contract price & the market price on the day when the contract was broken. — SHAW v. HOLLAND (1846). 15 M. & W....

The Law of Contracts, Nide 3

Samuel Williston - 1920 - 1156 sivua
...accepted, or, if may, therefore, be summarized — that the measure of damage is the difference between the contract price and the market price of the goods at the time when and the place where the contract should have been performed.8 If the seller, after waiting some time...

American law reports annotated, Nide 6

1920 - 1788 sivua
...failure of the seller to deliver the goods, the measure of damages is ordinarily the difference between the contract price and the market price of the goods at the time and place of delivery, provided there is a market price for goods of the character and quality contracted...

The Law of Contracts, Nide 2

Samuel Williston - 1920 - 1254 sivua
...of the United States, the seller's right is limited to a right of action for the difference between the contract price and the market price of the goods at the time the contract should have been carried out. In many jurisdictions in the United States, however, the...

Report of the Federal Trade Commission on the Grain Trade, Nide 5

United States. Federal Trade Commission - 1920 - 376 sivua
...contract shall be discharged by the payment of one party to it to the other of the difference between the contract price and the market price of the goods at the date fixed for their delivery, is void, because the contract evidences a wager. And under the statutes...

The New York Supplement, Nide 187

1921 - 1042 sivua
...from which point (he goods were to be shipped. The plaintiff appeals from the judgment, claiming that the proper measure of damages is the difference between the contract price and the market price in London. [1] The letters "cif," used in executory contracts of sale, have for...




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