Utter v. Chapman

It is apparent from the contract, though it is not drawn according to the most approved forms, that both parties are bound—the defendant to furnish five hundred tons of wheat, and pay $2 per ton for its transportation; and the plaintiffs to transport the wheat from Paradise City to Stockton. It is also clear from the evidence that the defendant failed to furnish the wheat. Such failure amounted to a breach of the contract, for which the defendant is responsible in damages, and the important question in the case relates to the measure of damages.

The plaintiffs insist on the rule that the…