Boyd v. Merchants & Farmers Peanut Co.
Superior Court of Pennsylvania
Appeal, No. 246, Oct. T., 1902, by defendant, from judgment of O. P. No. 3. Phila. Co., June T., 1898, No. 25, on verdict for plaintiff in case of W. Livingston Boyd, Robert T. Boyd and Jacob M. Boyd, trading as George Boyd & Sons v. The Merchants and Farmers Peanut Company. Assumpsit for goods sold and delivered. Before Finletter, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 246, Oct. T., 1902, by defendant, from judgment of O. P. No. 3. Phila. Co., June T., 1898, No. 25, on verdict for plaintiff in case of W. Livingston Boyd, Robert T. Boyd and Jacob M. Boyd, trading as George Boyd & Sons v. The Merchants and Farmers Peanut Company. Assumpsit for goods sold and delivered. Before Finletter, P. J. The facts are stated in the opinion of the Superior Court. At the trial when Robert T. Boyd was on the stand the following question was asked: Q. What do those bills aggregate ? Objected to. Objection overruled. Exception for defendants. [1] A. Two thousand…
1Opinion of the Court
Opinion by
Porter, J.,
This is an action for damages for an alleged breach of contract for the sale of 1,000 bags of peanuts. There was no error in the admission of the evidence which is the subject of the first specification. Assuming that there had been a contract of sale and a breach thereof, the measure of damages was the difference between the contract price and the market value of the goods at the time and place agreed upon for delivery. The witness had testified that upon the refusal of the defendants to comply with the alleged contract the plaintiffs went into the market and bought…
2Cases cited10 opinions
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- Wiggins v. BurkhamSupreme Court of the United States · 1870
- Theiss v. WeissSupreme Court of Pennsylvania · 1895
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- Hamilton v. Lycoming Mutual InsuranceSupreme Court of Pennsylvania · 1847
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