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" Court erred in charging that the measure of damages was the difference between the contract price and the market price at... "
A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles ... - Page 279
by Theodore Sedgwick - 1852 - 650 pages
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Reports of Civil and Criminal Cases Decided by the ..., Volume 5; Volume 153

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1913 - 996 pages
...Elliott, he was liable on his covenant for his failure so to do. The court properly instructed the jury that the measure of damages was the difference between the contract price and the fair and reasonable market value of the land on the day it was to have been conveyed under the...
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A Digest of the Reported Cases Adjudged in the Several Courts Held ..., Volume 1

Thomas Isaac Wharton - 1843 - 870 pages
...on the contract after the day on which it was to be paid did not preclude the recovery of damages, and that the measure of damages was the difference between the contract price of the seed and the price it subsequently sold for; provided the last sale was made bonajide and to...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 144

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1907 - 798 pages
...the trial judge, applied an improper rule in measuring his damages. The trial judge charged the jury that the measure of damages was the difference between the contract price of the glass and its market value on the 21st of April, 1902. ( This was the day defendant notified...
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Reports of Cases Argued and Determined in the Court of Queen's ..., Volume 2

Great Britain. Court of King's Bench, Thomas Flower Ellis, Colin Blackburn Baron Blackburn, Great Britain. Court of Exchequer Chamber - 1854 - 1096 pages
...would not so deliver: and, on a writ of enquiry to ascertain the amount of damages, the Secondary ruled that the measure of damages was the difference between the contract price and the market price on 1st October, when the plaintiffs first knew that the defendants would not fulfil...
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A Digest of New York Statutes and Reports: From the Earliest ..., Volume 2

Benjamin Vaughan Abbott, Austin Abbott - 1864 - 812 pages
...transport merchandise, and to deliver the same at the terminus, on or before a specified day, — Heidi that the measure of damages was the difference between the contract price, had it arrived at the place of delivery on the day specified, and the price for which it was actually...
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The Law Reports: Court of Queen's Bench, Volume 4

William Mills (barrister-at-law.), Henry Holroyd, E. A. C. Schalch, Arthur Wilson, Great Britain. Court of Queen's Bench - 1869 - 806 pages
...deposit and the expenses of investigating the title, but also damages for the loss of his bargain ; and that the measure of damages was the difference between the contract price and the value at the time of the breach of contract ; and that the profit which it was shewn the plaintiff...
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Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - 1871 - 1138 pages
...deposit and expenses of investigating the title, but also damages for the loss of his bargain. (2). That the measure of damages was the difference between the contract price and the market value at the time of the breach of the contract. (3). That, in the absence of evidence to...
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Reports of Cases Heard and Determined by the Supreme Court of ..., Volume 100

South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - 1915 - 614 pages
...CUBED. — In an action for failure to deliver hay contracted for, where the Court erroneously charged that the measure of damages was the difference between the contract price and the highest market price of the same article at the time the suit was brought, the error was harmless,...
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The American Reports: Containing All Decisions of General ..., Volume 13

Isaac Grant Thompson - 1875 - 840 pages
...The defense alleged that the fair market price was less than 18 cents per gallon. But the court ruled that the measure of damages was the difference between the contract price and the price as claimed by plaintiffs. Plaintiffs had a verdict for the amount claimed. The defendant...
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The Journal of Jurisprudence, Volume 20

1876 - 672 pages
...taken under the circumstances. In an action for breach of contract in not delivering the goods,—Held, that the measure of damages was the difference between the contract price and the cost to pit of the goods purchased by him in substitution.—Hinde v. Liddell, 44 L J. Rep., QB...
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