Griffith v. Kansas City Material & Construction Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) The measure of damages as contained in instruction, we contend, is the true one, and is sustained by abundant authority.
Read the full summary
Appeal from the Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) The measure of damages as contained in instruction, we contend, is the true one, and is sustained by abundant authority. “The general rule is well established, that on the seller’s failure to deliver the goods, according to the contract.' the ordinary measure of damages is the difference betw ;en the contract price and the market price of the goods at the time when, and the place where, they should have been delivered.” Or the buyer may purchase elsewhere at the lowest price attainable, and charge seller with difference. 2…
1Opinion of the CourtSmith, P. J.
This was a suit commenced before a justice of the peace to recover $156.75 on an open account for four hundred and ninety-four lineal feet of curbing stone at forty-three cents per foot. The defendant filed an offset in which, among other items, it was claimed that plaintiff had contracted to deliver *543two thousand feet of curbing stone, and had failed to deliver' fifteen hundred and seven feet, and that defendant had to go into the market and buy curbing stone on account of the default, and to pay nine cents a foot more for it than plaintiff had contracted to deliver it, thereby damaging…
2Cases cited15 opinions
- Hamilton v. BoggessSupreme Court of Missouri · 1876
- Rickey v. TenbroeckSupreme Court of Missouri · 1876
- Gaines v. FenderSupreme Court of Missouri · 1884
- Avery v. FitzgeraldSupreme Court of Missouri · 1887
- Northrup v. CookSupreme Court of Missouri · 1866
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Nichols v. CarterMissouri Court of Appeals · 1892
- Wall v. St. Joseph Artesian Ice & Cold Storage Co.Missouri Court of Appeals · 1905
- Lesan Advertising Co. v. CastlemanMissouri Court of Appeals · 1912
- State Ex Rel. State Social Security Commission v. Estate of ButlerSupreme Court of Missouri · 1944
- Cobb v. WhitsettMissouri Court of Appeals · 1892
8 more not listed; retrieve them via the Exa API.