Shepherd v. Hampton
Supreme Court of the United States
Error to the district court of Louisiana. The plaintiffs filed their petition or libel in. the court below, stating, that on the 12th day of December, 1814, they énteré-d .into a contract with the defendant, for the purchase oi 100/000 pounds weight of cotton to be delivered by the defendant to the' plaintiff's on or before the 15th day of February, ensuing.the date'of said contract, the said cotton to be of prime quality, and in good order,, and for which the plaintiffs…
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Error to the district court of Louisiana. The plaintiffs filed their petition or libel in. the court below, stating, that on the 12th day of December, 1814, they énteré-d .into a contract with the defendant, for the purchase oi 100/000 pounds weight of cotton to be delivered by the defendant to the' plaintiff's on or before the 15th day of February, ensuing.the date'of said contract, the said cotton to be of prime quality, and in good order,, and for which the plaintiffs stipulated to pay at the rate of ten cents peí1 French pound; and in case the price ot cotton, at the time of delivery,…
1Opinion of the Court
Mr, Chief Justice Marshall
delivered the opmiua of the court. The only question is, whether the price. of the article at the time of the breach of the contract, or at any subsequent time before suit brqught, const!-' ^es Ujg pr0per rule of damages in this case. The unanimo «8 opinion, of the - court' is, that the price of the article at the time it was to be delivered, is the measure of damages; For myself only, I can say that I should not think the rule would apply to a case where advances of money had been made by the purchaser under the contract; but I am not aware what would be ¡the…
2Cited by27 opinions
- Suydam v. Jenkins, SheriffThe Superior Court of New York City · 1850
- Clark & Clark v. PinneyNew York Supreme Court · 1827
- Smith v. DunlapIllinois Supreme Court · 1850
- Wells v. AbernethySupreme Court of Connecticut · 1824
- Pinkston v. HuieSupreme Court of Alabama · 1846
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