Reynolds v. Callender
Superior Court of Pennsylvania
Appeal, No. 19, Jan. T., 1902, by defendant, from judgment of C. P. Lackawanna Co., Sept. T., 1900, No. 912, making absolute rule for judgment for want of a sufficient affidavit of defense in case of G. F. Reynolds v. S. N. Callender. Assumpsit to recover tbe contract price of certain shares of stock of a corporation. The facts sufficiently appear by the opinion of the Superior Court.
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Appeal, No. 19, Jan. T., 1902, by defendant, from judgment of C. P. Lackawanna Co., Sept. T., 1900, No. 912, making absolute rule for judgment for want of a sufficient affidavit of defense in case of G. F. Reynolds v. S. N. Callender. Assumpsit to recover tbe contract price of certain shares of stock of a corporation. The facts sufficiently appear by the opinion of the Superior Court. JError assigned was the order of the court making absolute a rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
William W. Porter, J.,
The substantial question raised by this appeal is whether, under the written contract exhibited, the plaintiff is entitled to judgment for the full amount which the defendant contracted to pay for the shares of stock, or only for such damages as the plaintiff might be able to show had resulted to him from the failure of the defendant to perform his contract. The appellant invokes the application of the rule that, “ In executory contracts for the sale of goods not specific, the measure of damages for the refusal of the buyer to accept the same is the difference…
2Cases cited6 opinions
- Shafer v. Lacock, Hawthorn & Co.Supreme Court of Pennsylvania · 1895
- Ballentine v. RobinsonSupreme Court of Pennsylvania · 1863
- Unexcelled Fire-Wks. Co. v. PolitesSupreme Court of Pennsylvania · 1890
- Guillon v. EarnshawSupreme Court of Pennsylvania · 1895
- McKean & Elk Land & Imp. Co. v. ClaySupreme Court of Pennsylvania · 1892
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- Allen v. Mitten Bank Securities Corp.Superior Court of Pennsylvania · 1937
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- Williams Typewriter Co. v. CleaverSuperior Court of Pennsylvania · 1909