Todd v. . Gamble
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 15,1893, which affirmed a judgment in favor of plaintiffs entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for the defend ants’ failure to receive and pay- for certain silicate of soda under an executory contract of sale.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 15,1893, which affirmed a judgment in favor of plaintiffs entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for the defend ants’ failure to receive and pay- for certain silicate of soda under an executory contract of sale. The facts, so far as material, are stated in the opinion. The measure of damages is the difference between the contract price and the value of the commodity at the…
1Opinion of the CourtGray, J.
This appeal presents the question of the proper measure of damages, in an action against the defendants for refusing to perform their contract with the plaintiffs. By that contract the plaintiffs, who were manufacturers of chemicals, were to furnish the defendants with “ whatever quantities of silicate of soda they will require to use in their factories during one year from date,” at the price of $1.10 per hundred pounds, in Hew York. Under this agreement the plaintiffs had delivered, and the defendants had paid for, 350 barrels of the article, when the latter notified the former that they…
2Cases cited5 opinions
- Parsons v. . SuttonNew York Court of Appeals · 1876
- Windmuller v. PopeNew York Court of Appeals · 1887
- Murray v. StantonMassachusetts Supreme Judicial Court · 1868
- Dey v. DoxNew York Supreme Court · 1832
- Gregory v. McDowelNew York Supreme Court · 1832
3Cited by53 opinions
- Sinclair Refining Co. v. Jenkins Petroleum Process Co.Supreme Court of the United States · 1933
- McAnarney v. Newark Fire InsuranceNew York Court of Appeals · 1928
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- Orester v. Dayton Rubber Manufacturing Co.New York Court of Appeals · 1920
- Saxe v. . Penokee Lumber Co.New York Court of Appeals · 1899
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