St. Louis Range Co. v. Kline-Drummond Mercantile Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon Jesse A. McDonald, Judge. (1) The well-settled rule of damages for the breach, by the vendee, of an agreement for the sale and delivery of personal property at a future day is the difference between the contract price and the market price at tíie time and place of delivery, called for by the contract, and it is quite immaterial whether the article contracted for is or is not in existence at the time of the contract, or whether…
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon Jesse A. McDonald, Judge. (1) The well-settled rule of damages for the breach, by the vendee, of an agreement for the sale and delivery of personal property at a future day is the difference between the contract price and the market price at tíie time and place of delivery, called for by the contract, and it is quite immaterial whether the article contracted for is or is not in existence at the time of the contract, or whether it is one to be manufactured from time to time as required. Kingsland v. Iron Co., 29 Moi App. 526; Todd v. Gamble, 148…
1Opinion of the CourtGoode, J.
(after stating the facts).
1. We are called on to determine the rule by which plaintiff’s damages are to be ascertained. The case is that of a vendee of personal property who has refused to accept the goods bought, and as different rules for the measurement of damages are laid down in such cases according to the circumstances presented, it is essential to fix in mind the important facts of the present controversy. At the time of defendant’s refusal to accept any more ranges, plaintiff had on hand six hundred and three, of which about twenty-five were completed and ready for delivery and all…
2Cases cited14 opinions
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Todd v. . GambleNew York Court of Appeals · 1896
- Hayden v. . DemetsNew York Court of Appeals · 1873
- Rickey v. TenbroeckSupreme Court of Missouri · 1876
- Allen v. JarvisSupreme Court of Connecticut · 1849
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Koenig v. Truscott Boat Manufacturing Co.Missouri Court of Appeals · 1911
- Moran Bolt & Nut Manufacturing Co. v. St. Louis Car Co.Supreme Court of Missouri · 1908
- Banner Iron Works, Inc. v. Amax Zinc Company, Inc., Banner Iron Works, Inc. v. Amax Zinc Company, Inc.Court of Appeals for the Eighth Circuit · 1980
- Frederick v. WilloughbyMissouri Court of Appeals · 1909
- J. E. Stewart Produce Co. v. Gamble Robinson Commission Co.Missouri Court of Appeals · 1915
13 more not listed; retrieve them via the Exa API.