McHose v. Fulmer
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of LeMgh county: Of January Term 1873, No. 165. This was an action of assumpsit, brought January 25th 1872, by Henry Pulmer and Peter Uhler, trading as the Eastoli Iron Manufacturing Company, against Samuel McHose and others, trading as Samuel McHose & Co. The cause of action was the following note :— “$1237.25. Allentown, Oct. 27th 1871. Sixty days after date we promise to pay to the order of Easton Iron Manufacturing Co., twelve hundred…
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Error to the Court of Common Pleas of LeMgh county: Of January Term 1873, No. 165. This was an action of assumpsit, brought January 25th 1872, by Henry Pulmer and Peter Uhler, trading as the Eastoli Iron Manufacturing Company, against Samuel McHose and others, trading as Samuel McHose & Co. The cause of action was the following note :— “$1237.25. Allentown, Oct. 27th 1871. Sixty days after date we promise to pay to the order of Easton Iron Manufacturing Co., twelve hundred and thirty-seven dollars and twenty-five cents, at Pirst Nat. Bank of Allentown, Penn., without defalcation, for value…
1Opinion of the Court
The opinion of the court was delivered, March 24th 1873, by
Sharswood, J.
When a vendor fails to comply with his contract the general rule for the measure of damages undoubtedly is, the difference between the contract and the market price of the article at the time of the breach. This is for the evident reason that the vendee can go into the market and obtain the article contracted for at that price. But when the circumstances of the case are such that the vendee cannot thus supply himself the rule does not apply, for the reason of it ceases: Bank of Montgomery v. Reese, 2 Casey 143. “It is…
2Cited by13 opinions
- Coal Co. v. . Ice Co.Supreme Court of North Carolina · 1904
- Norwood Lumber Corporation v. McKeanCourt of Appeals for the Third Circuit · 1946
- Kinports v. BreonSupreme Court of Pennsylvania · 1899
- Coates v. Lake View Oil & Refining Co.California Court of Appeal · 1937
- Gloekler v. PainterSupreme Court of Pennsylvania · 1922
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