Legal Opinion
Truitt v. Rust & Shelburne Sales Co.
Court of Appeals of Georgia
Decided March 11, 1920No. 10883PublishedCited by 17 opinions
' Attachment; from city court of LaGrange — Judge Moon. March 11, 1920.
1Opinion of the CourtJenkins, P. J.
1. In a purchaser’s suit for damages because of the failure of the seller to deliver the goods in accordance with the terms of the contract of sale, generally the measure of damages is the difference between the contract price and the market price at the time and place of delivery. Sizer v. Melton, 129 Ga. 143 (7) (58 S. E. 1055); Harwood Lumber Co. v. Adam, 134 Ga. 821 (1) (68 S. E. 725) ; Civil Code (1910), § 4131. “The purchaser of goods cannot recover of the seller damages for non-delivery measured by Ms profits on a particular contract of resale and by his losses on account of inability…
2Cases cited5 opinions
- Hadden v. Southern Messenger ServiceSupreme Court of Georgia · 1910
- Sizer & Co. v. Melton & SonsSupreme Court of Georgia · 1907
- Hardwood Lumber Co. v. Adam & SteinbruggeSupreme Court of Georgia · 1910
- Sparks Milling Co. v. Western Union Telegraph Co.Court of Appeals of Georgia · 1911
- Wappoo Mills v. Commercial Guano Co.Supreme Court of Georgia · 1893
3Cited by17 opinions
- Byfield v. CandlerCourt of Appeals of Georgia · 1924
- The DARLINGTON CORP. v. EvansCourt of Appeals of Georgia · 1953
- Miazza v. Western Union Telegraph Co.Court of Appeals of Georgia · 1935
- Lipscomb v. WatkinsCourt of Appeals of Georgia · 1922
- Bush v. AddisonCourt of Appeals of Georgia · 1930
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