Legal Opinion
White v. Farrell
New York Court of Appeals
Decided March 21, 2013PublishedCited by 17 opinions
1Opinion of the Court
OPINION OF THE COURT
Read, J.
We are called upon in this appeal to decide the measure of a seller’s damages for a buyer’s breach of a contract to sell real property. We hold that the measure of damages is the difference, if any, between the contract price and the fair market value of the property at the time of the breach. The price obtained by the seller on a later resale of the property may well bear on damages, depending upon the circumstances. As matters stand in this case, there is conflicting evidence as to the property’s fair market value when the buyer defaulted, an issue of fact, which…
2Cases cited21 opinions
- Maxton Builders, Inc. v. Lo GalboNew York Court of Appeals · 1986
- People v. DamianoNew York Court of Appeals · 1996
- Brushton-Moira Central School District v. Fred H. Thomas Associates, P. C.New York Court of Appeals · 1998
- Cohen v. KranzNew York Court of Appeals · 1963
- Cipriano v. Glen Cove Lodge 1458New York Court of Appeals · 2003
16 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Sackin v. TransPerfect Global, Inc.District Court, S.D. New York · 2017
- Markham Gardens, L.P. v. 511 9th, LLCAppellate Division of the Supreme Court of the State of New York · 2016
- Manson v. Kejo Enterprises, LLCAppellate Division of the Supreme Court of the State of New York · 2016
- Polish & Slavic Federal Credit Union v. SaarNew York Supreme Court · 2013
- 12 Baker Hill Road, Inc. v. MirantiAppellate Division of the Supreme Court of the State of New York · 2015
12 more not listed; retrieve them via the Exa API.