John Manners & Co. v. S. Hirshenhorn & Sons

This action has been brought to recover damages for breach of contract by defendant in failing to deliver a quantity of Chinese hog bristles which defendant had contracted to sell to plaintiff at $4.80 a pound. By the time for delivery the market had appreciated to $7.45 per pound, according to plaintiff’s bill of particulars, resulting in a profit which plaintiff claims that it would have made if the contract had been performed of $35,332.45. The amount of the purchase price was $64,000. Plaintiff encountered difficulty in compelling the attendance at the trial of other dealers as witnesses…