Schmidt v. The Steam-Ship Pennsylvania
United States Circuit Court
In Admiralty. Appeal from decree of district court. This was a libel by Henry Schmidt, against the steam-ship Pennsylvania, for damages for refusal of the master to deliver 67 bales of goat skins shipped on board of said steamship from Liverpool to Philadelphia.
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In Admiralty. Appeal from decree of district court. This was a libel by Henry Schmidt, against the steam-ship Pennsylvania, for damages for refusal of the master to deliver 67 bales of goat skins shipped on board of said steamship from Liverpool to Philadelphia. The owners of the steam-ship fded an answer averring that the refusal to deliver was in consequence of a notice from the shipper to stop the goods in transit, and that as soon as this notice was withdrawn they had offered to deliver the goods. The testimony disclosed the following facts: In November, 3 877, Henry Schmidt, of…
1Opinion of the Court
MoKennan, G. J.
The opinion of the late district judge, who decided this cause, so concisely and accurately states the law by which it must be governed, that I do not propose to add anything to it.
The ordinary measure of damages between vendor and vendee, for breach of a contract for the sale of goods, is the difference between the contract price and the market price at the time and place of delivery, for the reason that this is the actual loss sustained by the vendee. But here the respondent was in possession of the libellant’s goods, which were wrongfully withheld from him, whereby he was…
2Cited by2 opinions
- Willis v. Glenwood Cotton MillsDistrict Court, D. South Carolina · 1912
- Schmidt v. The PennsylvaniaDistrict Court, E.D. Pennsylvania · 1878