Whims v. Marco

Plaintiff sued for the balance of the purchase price of certain shares of stock or “promotional interests”, basing his action upon a written contract which was pleaded in full. Plaintiff had judgment and the defendants appeal on typewritten transcripts.

There are but two points raised by appellants which require consideration. First, whether the complaint states a cause of action for the detriment caused by the breach of the buyers’ agreement to accept and pay for the stock. In such a case the measure of plaintiff’s recovery is the contract price (see. 3310, Civ. Code). The contract provided…