Thach v. Durham

Thach made written agreement with Durham for sale of sheep and received a cash down payment thereon. Durham brought this action, alleging refusal by Thach to deliver’ the sheep in accordance with their contract and resultant damage, including expenses incurred and loss of profits under agreements which he had made for resale of the sheep. The prayer was for recovery of the damages alleged and refund of the down payment. Thach by answer alleged willingness and ability on his part at all times to perform and the refusal of plaintiff to perform; the fall of market price; inability to sell, and…