Murphey v. Northeastern Construction Co.

1. Where a purchaser has breached a contract to produce and sell, the seller’s measure of damage, where he has not produced the articles contracted to be sold, is the difference between the contract price and what it would have cost the seller to perform his obligations under the contract. See, in this connection, Civil Code (1910), §§ 4395, 4402; Steinhauer v. Thompson, 16 Ga. App. 470 (85 S. E. 677); Mims v. Betts, 9 Ga. App. 718 (72 S. E. 271); U. S. v. Behan, 110 U. S. 338 (4 Sup. Ct. 81, 28 L. ed. 168); Worthington v. Gwin, 119 Ala. 44 (24 So. 739, 43 L. R. A. 382); Kingman v. Western…