Farmers Oil & Guano Co. v. Southern Refining Co.

1. A. made an express written contract with B. to furnish him, within a definite time and at a specified price, three tanks of crude cottonseed oil. In part performance of the contract A. did furnish to B. one tank of the oil, and then neglected and refused to furnish the other two. B. thereupon went into the open market and bought the two tanks of oil, and sued A. for the difference between the contract price and the market price. Held:- On proof of the contract and its breach, and of the resultant damage, in the absence of defense, B. was entitled to recover.

2. Where a motion is made to…