Dean v. Ritter
Supreme Court of Missouri
Jlypeal from St. Louis Court of Common Pleas. The court erred in relation to the measure of damages. The actual loss or injury arising from non-performance, and not the price agreed to be paid upon performance, is the correct measure. Pond v. Wyman, 15 Mo.
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Jlypeal from St. Louis Court of Common Pleas. The court erred in relation to the measure of damages. The actual loss or injury arising from non-performance, and not the price agreed to be paid upon performance, is the correct measure. Pond v. Wyman, 15 Mo. Rep. 175. Abbott on Shipping, 411. Sedgwick, 861. Shannon v. Comstock, 21 Wend. 457. 24 Wend. 304. 2 Grallis. 61, 74, 75. A party entitled to the benefit of a contract should use reasonable exertion to protect himself against loss from a breach. Miller v. Mariner's Church, 7 Grreenl. 51, 55, 56. At all events, the plaintiffs cannot recover…
1Opinion of the CourtScott, Judge
This was an action by the respondents against the appellant for failing to furnish a stipulated quantity of freight to a steamboat. The only question involved in the cause relates to the measure of damages for a breach of such contract. There was a judgment for the respondents.
1. The law as settled by this court, according to what seemed to be the authorities on the subject, is, that when one agrees to furnish a quantity of freight and fails to do so, he must pay as though the freight was actually furnished. The law presumes this to be the measure of damages, in such cases, and it is for the…
2Cases cited2 opinions
- Pond v. WymanSupreme Court of Missouri · 1851
- Webb v. CoonceSupreme Court of Missouri · 1847
3Cited by3 opinions
- Leblond v. McNearDistrict Court, N.D. California · 1900
- Cornwall v. J. J. Moore & Co.District Court, N.D. California · 1903
- Cornwall v. J. J. Moore & Co.District Court, N.D. California · 1904