Hinchey v. Starrett

The opinion of the court was delivered by

West, J.:

It is insisted that the measure of damages is the difference between the value.of the land and $1600, the sum at which it was to be taken off the plaintiff’s hands, instead of the difference between the value of the land and the value of the car — on the theory that the plaintiff is entitled to the benefit of his bargain. Had the land been as represented its value might have been much more than the price fixed for the car, but the plaintiff can at most claim nothing beyond the difference between such price and the value of the land, and hence,…