Legal Opinion

Liberty Brand Canning Co. v. Denby

Superior Court of Delaware

Decided December 9, 1918No. Covenant, No. 128Published

Action by the Liberty Brand Canning Company against Joseph Denby to recover damages for breach of contract under seal. Verdict for plaintiff.

1Opinion of the Court

The narr. alleged, in substance, that the plaintiff company was a packer of tomatoes, that it made a contract with the defendant, a farmer, to put in a certain number of acres in tomatoes and when ripe to deliver them to the factory of the company for packing; that, notwithstanding, the defendant sold the tomatoes to others contrary to his contract with the plaintiff, by reason of which the plaintiff was compelled first to buy raw tomatoes for canning and when this could not be done to advantage on account of the high price of raw stock, to purchase canned tomatoes from other packers in order…

2Cases cited2 opinions

  1. Whitcomb v. ShultzCourt of Appeals for the Second Circuit · 1915
  2. George J. Cooke Co. v. KaiserAppellate Court of Illinois · 1911

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