Builders Supply & Equipment Corp. v. Gadd
Supreme Court of North Carolina
Appeal by defendant from Shaw, J., at October Term, 1921, of Mecelenbubg. Plaintiff sued to recover $447.50 as balance due for purchase of ten wheel scrapers and other implements.
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Appeal by defendant from Shaw, J., at October Term, 1921, of Mecelenbubg. Plaintiff sued to recover $447.50 as balance due for purchase of ten wheel scrapers and other implements. Defendant Gadd, successor of Gadd & Pigg, pleaded payments with which he said he had not been credited, and alleged that the plaintiff had made an entire contract and sold the defendant certain equipment required in contracts for excavating and grading, that the plaintiff knew the purpose for which the implements were to be used, and failed to deliver certain essential parts-of said equipment, in consequence of…
1Opinion of the CourtAdams, J.
The opinion of Alderson, J., in Hadley v. Baxendale, (9 Eng. Exc., 341), has been generally accepted as an accurate statement of the rule applicable to the measurement of damages for breach of contract.
“Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, i. e., according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the…
2Cases cited9 opinions
- MacE v. . RamseySupreme Court of North Carolina · 1876
- Boyle v. . ReederSupreme Court of North Carolina · 1841
- Story Lumber Co. v. Southern Railway Co.Supreme Court of North Carolina · 1909
- Oldham v. . KerchnerSupreme Court of North Carolina · 1878
- Davidson Development Co. v. Southern Railway Co.Supreme Court of North Carolina · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Troitino v. GoodmanSupreme Court of North Carolina · 1945
- Monger v. . LutterlohSupreme Court of North Carolina · 1928
- Robberson Steel Co. v. HarrellCourt of Appeals for the Tenth Circuit · 1949
- Gulf States Creosoting Co. v. LovingCourt of Appeals for the Fourth Circuit · 1941
- Johnson v. DunlapCourt of Appeals of North Carolina · 1981
7 more not listed; retrieve them via the Exa API.