McKay v. Riley
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. Action for damages for breach of a contract of sale of goods. The defendant contracted to deliver to the plaintiff a certain amount of boiler tubes at a price agreed upon. The plaintiff, on the faith of this agreement, contracted with a third party to sell the goods to him at ah advanced price.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. Action for damages for breach of a contract of sale of goods. The defendant contracted to deliver to the plaintiff a certain amount of boiler tubes at a price agreed upon. The plaintiff, on the faith of this agreement, contracted with a third party to sell the goods to him at ah advanced price. The defendant failed to deliver the goods in accordance with'the terms of his contract. Ko other articles of a similar kind could be procured in the market. The other facts…
1Opinion of the CourtMcKinstry, J.
—1. There was evidence to sustain the findings as to the existence of a partnership between defendants.
2. There was evidence tending to prove that no considerable quantity of the pipe, the subject of the contract sued on herein, was in other hands than those of defendants. If the jury were satisfied there was no market value for the articles, they were justified in allowing plaintiff, as damages, the amount he lost by reason of his not being able to perform his agreement to deliver the pipe to third persons at an advanced price. Ordinarily, the rule of damages in actions like the present is…
2Cited by18 opinions
- Davey v. Southern Pacific Co.California Supreme Court · 1897
- Grupe v. GlickCalifornia Supreme Court · 1945
- Walpole v. Prefab Manufacturing Co.California Court of Appeal · 1951
- Tomlinson v. Wander Seed & Bulb Co.California Court of Appeal · 1960
- Morello v. Growers Grape Products Assn.California Court of Appeal · 1947
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