Miller v. Slaght

ON PETITION FOR REHEARING.

The opinion announced in this cause is not *362in conflict with the well-settled doctrine affirmed in Widner v. Walsh, 3 Colo. 549, to which counsel have cited us. The facts in the two cases radically differ, and upon reason and principle the rule there stated cannot apply to the case at bar. In that case the contract called for the delivery to the creditor of 14,000 brick, at the kiln of the debtor. The brick were presumably in the actual possession of the owner and were susceptible of manual delivery. Upon a refusal to deliver, their value would be the measure of the…