Heller v. Ferguson
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Hon. D. H. Harris, Judge. (1) The measure of damages for breach of a contract of sale is the difference between the contract price and the market value at the time and place of delivery under the contract. 35 Cyc. 633; Gill v. Commission Co., 84 Mo. App. 456; Howard v. Haas, 131 Mo. App. 499; Chalice v. Witte, 81 Mo.
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Appeal from Boone Circuit Court. — Hon. D. H. Harris, Judge. (1) The measure of damages for breach of a contract of sale is the difference between the contract price and the market value at the time and place of delivery under the contract. 35 Cyc. 633; Gill v. Commission Co., 84 Mo. App. 456; Howard v. Haas, 131 Mo. App. 499; Chalice v. Witte, 81 Mo. App. 84. (2) The reason for fixing the 'market value is because it is supposed that the buyer could go into the market and get what the seller failed to deliver. Gill v. Commission Co.,- 84 Mo. App. 461. Where no time of delivery is agreed upon…
1Opinion of the CourtTrimble, J.
Tke suit herein is over the breach of an oral contract for the sale and delivery of corn. Respondent alleged that on or about February 1, 1914, appellant contracted to sell and deliver to him four carloads of ear corn at sixty-seven and one-half cents per bushel to be paid on delivery; that 800 bushels was a reasonable carload; that on or about March 25, 1914, appellant, in part performance of said contract, delivered one carload, which respondent received and paid for; that appellant failed and refused to deliver the other three carloads although a reasonable time has long since expired;…
2Cases cited9 opinions
- Hartford Life Annuity Insurance v. UnsellSupreme Court of the United States · 1892
- Mastin v. GrimesSupreme Court of Missouri · 1885
- Kenefick & Hammond v. Norwich Union Fire InsuranceSupreme Court of Missouri · 1907
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Ross v. RossSupreme Court of Missouri · 1883
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3Cited by4 opinions
- Universal Products Co. v. EmersonSupreme Court of Delaware · 1935
- Lange v. BakerMissouri Court of Appeals · 1964
- Friedman v. United Railways Co.Supreme Court of Missouri · 1922
- Great Eastern Oil Co. v. DeMert & Dougherty, Inc.Supreme Court of Missouri · 1942