Metzler v. Balcom

— The appellants entered into a contract with respondents for the purchase of 25 car loads of netted gem potatoes, and advanced $2,500 as first payment of the purchase price. The potatoes not being delivered, this action was instituted to recover the advance payment.

The respondents resist payment on the ground that appellants breached their contract, and ask judgment for the difference between the price mentioned in the contract and the amount received on a re-sale of the potatoes. The trial court found this to be $2,850, and allowing a credit for the advance payment of $2,500, judgment was…