Worthen v. Wilmot
Supreme Court of Vermont
Assumpsit. The case was referred, and the referees reported the following facts : In the fall of 1854, the plaintiff purchased a large quantity of corn, a part of which he intended to feed out to his poultry, and a part he designed to keep on hand for future sales, contemplating a rise in the market.
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Assumpsit. The case was referred, and the referees reported the following facts : In the fall of 1854, the plaintiff purchased a large quantity of corn, a part of which he intended to feed out to his poultry, and a part he designed to keep on hand for future sales, contemplating a rise in the market. On the 16th day of November, 1854, the plaintiff contracted with the defendant to purchase of him two hundred bushels of corn, which the latter then had on hand, at one dollar per bushel, to be delivered at the defendant’s dwelling house, at the first of sleighing, or within a convenient time…
1Opinion of the Court
The opinion of the court was delivered by
Aldis, J.
The question in this case is, whether, in a suit by the vendee against the vendor, for a breach of the contract in not delivering the property sold, the measure of damages is to be determined by the market value of the property sold at the time when the contract was broken by non-delivery, or by its market value at any subsequent time before trial. This question does not seem to have been settled by any decision in this state. The question can only arise when the property sold has advanced in price between the time of making the contract and…
2Cited by8 opinions
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- Emack v. HughesSupreme Court of Vermont · 1902
- Austin & McCargar v. LangloisSupreme Court of Vermont · 1909
- Thrift Oil & Gas Co. No. 2 v. NewtonCourt of Appeals of Texas · 1921
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