Gourley v. American Hardwood Lumber Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court — No». Eugene McQuillin,-Judge: (1) The measure of damages for breach, of a contract of sale is the difference between the contract price and the market price of the commodity at the time and place where it should be. delivered; or, if there is no market of the commodity at the place of delivery, the market price at the next available market, with allowance for expense of transportation and hauling, is the measure of its value at the…
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Appeal from St. Louis City Circuit Court — No». Eugene McQuillin,-Judge: (1) The measure of damages for breach, of a contract of sale is the difference between the contract price and the market price of the commodity at the time and place where it should be. delivered; or, if there is no market of the commodity at the place of delivery, the market price at the next available market, with allowance for expense of transportation and hauling, is the measure of its value at the place of delivery. National "W. & Si Co. v. Toomey, 144 Mo. App. 516; Howard v. Haas, 139 Mo. App. 591; Cobb v.…
1Opinion of the CourtReynolds, P. J.
On October 19, 1908, plaintiffs, partners, addressed to defendant a letter in which the3 stated that they accepted the proposition of defendant on a “bill of No. 1 yellow pine, to be delivered at New Castle, Ind., as follows.” Included in the bill were 185,000 feet 3x6 flooring or ceiling, ap*365parently ten and twenty feet long, “D. & M & Beaded, five and one-qnarter inch face by two and one-quarter full, about one-third ten feet and two-thirds twenty feet. The 3x6s must be dry.” The letter continued: “The carload of dimensions we want as soon as possible, and you can commence shipping on the…
2Cases cited5 opinions
- Leonard v. New York, Albany & Buffalo Electro Magnetic Telegraph Co.New York Court of Appeals · 1870
- Nelson v. Hirsch & Sons Iron & Rail Co.Missouri Court of Appeals · 1903
- Underwood Typewriter Co. v. Century Realty Co.Missouri Court of Appeals · 1912
- National Warehouse & Storage Co. v. ToomeyMissouri Court of Appeals · 1910
- National Warehouse & Storage Co. v. ToomeyMissouri Court of Appeals · 1911
3Cited by4 opinions
- Minneapolis Threshing MacHine Co. v. BradfordMissouri Court of Appeals · 1921
- Reger v. First National BankMissouri Court of Appeals · 1926
- Consumers' Glue Co. v. Samuel Bingham's Son Manufacturing Co.Missouri Court of Appeals · 1916
- Smith v. WhiteDistrict Court, E.D. Missouri · 1942