Vogt Bros. Mfg. Co. v. Sloss-Sheffield Steel &. Iron Co.

On Rehearing.

Upon application for rehearing, defendant in error challenges the rule of damages adopted by the opinion as'to the April, May, and June deliveries, and insists that the last day of each month should have been adopted as the critical date. This insistence is based on Avery v. Bowden, 5 Ellis & Blackburn, 714. We find nothing in this case, or in the principles there established, inconsistent with the result reached in the opinion. That case announces only the now undisputed rule that an anticipatory breach by one party does not terminate the contract, unless the other party…