Legal Opinion · Dissent

Tate v. Holly

Colorado Court of Appeals

Decided January 15, 1914No. 3737Published

Appeal from Otero District Court. TIon. J. E.- Bizeb, Judge.

1DissentMorgan, Judge

An action for damages for the breach of a contract for the purchase or sale of personal property is, oftentimes, as in this case, nothing more than a claim for the benefit of the rise or fall in the market price of the commodity purchased or sold, even when a future delivery is actually intended; and the wisdom of the law, as announced in many adjudicated cases, has limited a recovery in such instances, except as to some special damages suffered, to the difference between the contract price and the market price at the time and place of delivery, or, if there be Ho market there, then the…

2Cases cited2 opinions

  1. Hassell Iron Works Co. v. CohenSupreme Court of Colorado · 1906
  2. Leeper v. SchroederColorado Court of Appeals · 1913

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