Allison Lumber Co. v. Decatur Lumber Co.

1. Where a purchaser refuses to take and pay for goods bought, and the vendor elects to sell the property, the difference between the contract-price and the price of resale constitutes the amount of the damages for the breach of the contract. Accordingly the trial court in the instant ease did not err in striking from the petition, on special demurrer, certain items of expenses alleged' to have been incurred in the shipment and resale of the goods in question, such as freight, taxes, demurrage, storage, labor, insurance, etc. Civil Code (1910), § 4131; Bridges Grocery Co. v. Dan Joseph Co., 9…