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" States, that the measure of damages is the difference between the contract price and the market value of the article at the time when... "
Cases on Measure of Damages - Page 597
edited by - 1909 - 714 pages
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A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles ...

Theodore Sedgwick - Damages - 1852 - 722 pages
...rule, both in England and the United States, that the measure of damages is the difference between the contract price and the market value of the article at the time when it should be delivered, iipon the ground that this is the plaintiff's real loss, and that with...
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The Laws of Business for Business Men, in All the States of the Union: With ...

Theophilus Parsons - Commercial law - 1857 - 524 pages
...the non-delivery of merehandise, that the ,plaintiff was entitled to recover the difference between the contract price and the market value of the article at the timo and place specified for its delivery, with interest thereon ; and that it was not within the discretion...
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Digest of Cases in Law and Equity, Argued and Determined in the Court of ...

Francis Edward Cornwell - Civil law - 1859 - 702 pages
...damages for the non-delivery of merchandise, the plaintiff is entitled to recover the difference between the contract price and the market value of the article at the time and place specified for its delivery, with interest thereon. And it is not within the discretion of the jury...
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The Merchants' Magazine and Commercial Review, Volume 51

Commerce - 1864 - 496 pages
...the non-delivery of merchandise, that the plaintiff was entitled to recover the difference between the contract price and the market value of the article at the time and place specified for its delivery, with interest thereon ; and that it was not within the discretion of the...
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Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, Great Britain. Court of Queen's Bench, William Mawdesley Best, George James Philip Smith - Law reports, digests, etc - 1867 - 1074 pages
...rule, both in England and the United States, that the measure of damages is the difference between the contract price and the market value of the article at the time when it should be delivered, upon the ground that this is the plaintiff's real loss, and that with...
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Albany Law Journal, Volume 7

Law - 1873 - 532 pages
...non-delivery of goods under contract of sale. The general rule is that the measure is " the difference between the contract price and the market value of the article at the time and place of delivery." The question considered in Kountz v. Ktrkpatrick, is as to the meaning of the word " value " in the...
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Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, Great Britain. Court of Queen's Bench, William Mawdesley Best, George James Philip Smith - Law reports, digests, etc - 1862 - 1124 pages
...rule, both in England and the United States, that the measure of damages is the difference between the contract price and the market value of the article at the time when it should be delivered, upon the ground that this is the plaintiff's real loss, and that with...
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The American Reports: Containing All Decisions of General ..., Volume 14

Isaac Grant Thompson - Law reports, digests, etc - 1875 - 866 pages
...rule, both in England and the United States, that the measure of damages is the difference between the contract price and the market value of the article at the time when it should be delivered, upon the ground that this ia the plaintiff 's real loss, and that with...
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The American Reports: Containing All Decisions of General ..., Volume 13

Isaac Grant Thompson - Law reports, digests, etc - 1875 - 840 pages
...the United Slates, that the measure of damages is the diflfe t nee between tha Kountz v. Eirkpatrick. contract price and the market value of the article at the time it should be delivered upon the ground; that this is the plaintiff's real loss, and that with this...
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Reports of Cases Argued and Determined in the Court of Common ..., Volume 5

Charles Patrick Daly - Law reports, digests, etc - 1876 - 628 pages
...that this was not the correct measure of damages, and that it should have been the difference between the contract price and the market value of the article at the time when the defendants refused to receive it. This is undoubtedly the rule where the vendee absolutely...
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