Dunmar Robes, Ltd. v. Buenaventura

The complaint was dismissed upon the law at the close of plaintiff’s case, upon the ground that plaintiff had failed to prove that it had suffered damages arising from nondelivery of merchandise contracted to be shipped by defendant f.o.b. Rio de Janeiro, Brazil.

There is no evidence that the market value of these goods exceeded the contract price at point of delivery, viz., on board steamship for export at Rio de Janiero. But there is evidence that other goods of similar nature were not available for export from Brazil to the United States; and no contention has been made that plaintiff’s…