Hunt v. Engels Tractor Co.

The contract sued on is one for sale of a tractor by defendant to plaintiff, dated April 23, 1931. It provides for delivery of the tractor by June 1, 1931. The action is one for damages for defendant’s failure to deliver the tractor, and the damages awarded are the loss of prospective profits on two contracts for the sale and delivery of lumber, one dated June 12, 1931, and the other June 25, 1931. At the time the contract for the sale of the tractor was made, and even at the time it was breached by non-delivery, the contracts, the anticipated profits of which plaintiff claims to have lost,…