Rape v. Rape

1. Where there is an executory contract for the sale of personal property, and the purchaser defaults and refuses to accept delivery under it, the seller may, if he has not resorted to the remedy of selling or storing the property sold for the benefit of the purchaser, as provided in the Civil Code (1910), § 4131, recover as damages against the purchaser the difference between the contract price and the market value at the time and place for delivery. In a suit by the seller against the purchaser to recover such damages, even though the seller may have alleged an actual sale by him of the…