Eagle Mill Co. v. Caven
Missouri Court of Appeals
Appeal from the Dade Circuit Court. — Hon. D. P„ Stratton, Judge. (1) “The rule is that where a contract to deliver goods at a certain price is broken, the measure of damages is the difference between the market price and the contract price at or about the time the goods should have been delivered, or the time the contract is broken.” Northrup v. Cook, 39 Mo. 208; Milling Co. v. Walsh,. 97 Mo. 287; 21 Am. and Eng.
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Appeal from the Dade Circuit Court. — Hon. D. P„ Stratton, Judge. (1) “The rule is that where a contract to deliver goods at a certain price is broken, the measure of damages is the difference between the market price and the contract price at or about the time the goods should have been delivered, or the time the contract is broken.” Northrup v. Cook, 39 Mo. 208; Milling Co. v. Walsh,. 97 Mo. 287; 21 Am. and Eng. Ency. of Law, note on p. 616, and authorities cited in support thereof. (2) “It is no doubt quite settled that on a contract to supply goods of a particular sort, which at the time…
1Opinion of the CourtGill, J.
statement. The plaintiff, a milling corporation at Memphis, Tennessee, sued the defendant, a resident of Greenfield, Missouri, to recover damages for an alleged breach of a contract it claims to have made with the defendant for the purchase of two car loads ^ wheat, to be delivered f. o. b. the cars at Pennsboro, Missouri. The alleged contract was made, if at all, through a certain letter and telegram passed between the parties. It seems that during the first days of October, 1896, plaintiff wrote and telegraphed to defendant offering to purchase wheat, and thereupon the latter wrote the…
2Cases cited1 opinion
- T. M. James & Sons v. Marion Fruit Jar & Bottle Co.Missouri Court of Appeals · 1897
3Cited by3 opinions
- Union Service Co. v. Moffet-West Drug Co.Missouri Court of Appeals · 1910
- Gibson v. State Mutual Life Assurance Co.Missouri Court of Appeals · 1914
- Wilbur Stock Food Co. v. BridgesMissouri Court of Appeals · 1911