Scientific & Hospital Supply Corp. v. Board of Education

On October 20, 1936, the plaintiff agreed to sell and deliver to the city of New York forty boxes of hypodermic needles at an agreed price of $420. Plaintiff thereafter breached the agreement by failing and refusing to deliver, whereupon the city of New York purchased like needles in the open market for the sum of $631.20, thereby sustaining damage to the extent of $211.20.

On or about the 18th day of November, 1936, in connection with a bid to supply the defendant with school and other supplies for the year 1937, plaintiff deposited with the defendant the sum of ninety-eight dollars. The…