Dluge v. Whiteson

Opinion by

Mr. Justice Simpson,

Defendant desired to retire from business, and for this reason agreed with plaintiffs to sell to them the merchandise in his store, for seventy-five per cent of its inventoried value. The agreement did not specify what should be the rights and liabilities of the parties in the event of a default. Plaintiffs paid $3,000 on account, but later refused to complete the contract. Defendant then purchased additional goods, hired expert salesmen, advertised extensively, and finally sold the merchandise at retail for a sum which gave him, after deducting the expenses…