Anderson v. Gold Kist, Inc.

Bell, Chief Judge.

This is a suit for the breach of a contract in which plaintiff agreed to purchase 6,000 bushels of soybeans at a price of $3.10 per bushel. The claimed breach was the repudiation of the contract and nondelivery by seller of part of the soybeans. A jury returned a verdict for plaintiff, judgment was entered, and defendant appeals. Held:

1. Evidence showing the price of soybeans as of January 2, 1973 was admitted over objection. The measure of damages in this type case is "... the difference between the market price at the time the buyer learned of the breach and the contract…