Legal Opinion

Craig Liquors, Inc. v. Foreign Vintages, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided April 25, 1950Published

1Per curiam

The judgment in this case was awarded to plaintiff as damages for breach of warranty in the sale of a quantity of liquor. Without passing on the merits of the basic claim, it is necessary to direct that a new trial be had on the ground that an incorrect measure of damages was applied.

The true measure of damages in an action for breach of warranty of goods sold in the absence of special circumstances is the difference between the value of the goods at the time of delivery and the value they would have had had they conformed to the warranty. This amounts prima facie to the difference between…

2Cases cited3 opinions

  1. Bond Electric Corp. v. Gold Seal Electrical Co.New York Court of Appeals · 1936
  2. Miller v. F. R. Patch Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1905
  3. Gleason v. Lebolt & Co.Appellate Division of the Supreme Court of the State of New York · 1928

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