Kent v. Ginter

This was an agreed case under section 386 of the code, 2 G. & H. 222; Biek. Pr. 311; and the only question for decision is the rule of damages on failure to comply with the following agreement, viz

“Beceived of L. Ginter, ninety dollars, for which we agree to deliver him 300 bushels of new corn at Girder's station, free of charge, on or about the 15th of November next. Kent & Hitchens.

“ October 30, 1862.”

*2Assuming that, under the circumstances of the case, this suit was instituted with reasonable diligence, the question to be decided is, was the value of the corn, at the time and place fixed by…