Bickell v. Colton

This case presents the question as to the measure of damages in an action of assumpsit founded on an agreement to deliver personal property, where the price was paid in advance of the time appointed for the delivery.

In the case of Whitfield v. Whitfield, decided at April term, 1866, we held, after full consideration, the following propositions:

1. That in actions for taking and detaining personal property, where no question of fraud, malice, oppression, or wilful wrong, either in the taking or detention, intervenes, the measure of damages is the value of the property at the time of the taking,…