Andrews v. Hoover
Supreme Court of Pennsylvania
ERROR to the common pleas of Clearfield, county. Jacob Hoover against William J. B. Andrews. This was an action of covenant upon an agreement, by which the plaintiff was to deliver a certain quantity of timber at Middletown for a certain stipulated price, to be paid at the time of delivery. ■ The timber was delivered at the time and place, but the defendant refused to accept or pay for it, alleging that it was not in quality what he had contracted to pay for.
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ERROR to the common pleas of Clearfield, county. Jacob Hoover against William J. B. Andrews. This was an action of covenant upon an agreement, by which the plaintiff was to deliver a certain quantity of timber at Middletown for a certain stipulated price, to be paid at the time of delivery. ■ The timber was delivered at the time and place, but the defendant refused to accept or pay for it, alleging that it was not in quality what he had contracted to pay for. Upon the defendant’s refusal to accept the timber, the plaintiff ran it further down the river and sold it for a less price than the…
1Per curiam
The jury is bound by a measure of damages *240where there is one, but not always by a particular means for its ascertainment. Now the measure, in a case like the present, is the difference between the price contracted to have been paid and the value of the thing when it ought to have been accepted-, and though a resale is a convenient, and often a satisfactory means, it does not follow that it is, nor was it said, in Girard v. Taggert, to be the only one; on the1 contrary, the propriety of the direction there, that the jury were not bound by it if they could find another more in accordance with…
2Cited by6 opinions
- M'Combs v. M'KennanSupreme Court of Pennsylvania · 1841
- Davis v. AdamsSupreme Court of Alabama · 1850
- Georgia Refining Co. v. Augusta Oil Co.Supreme Court of Georgia · 1885
- Chapman v. IngramWisconsin Supreme Court · 1872
- Fessler v. Love & PowellSupreme Court of Pennsylvania · 1865
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