 He may keep the property as his own, and recover the difference between the market price at the time and place of delivery and the contract price": Dustan v.  Michigan Reports: Cases Decided in the Supreme Court of Michigan - Page 439by Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, James M. Reasoner, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, Richard W. Cooper - 1917Full view - About this book
 | Georgia. Supreme Court - Equity - 1886 - 990 pages
...pay a certain price for it, and then refuses to take it. and pay for it, then the seller may keep it as his own and recover the difference between the...time and place of delivery and the contract price, as the measure of damages for the buyer's breach of the contract. Such is the law. Benjamin on Sales,... | |
 | United States. Court of Claims - Law reports, digests, etc - 1925 - 828 pages
...of the vendee, and recover the difference between the contract price and the price obtained on such resale; or (3) he may keep the property as his own...time and place of delivery and the contract price." WUliston on Sales, vol. 2, sec. 555, p. 1385. This statement of the law has been often quoted with... | |
 | United States. Court of Claims - Law reports, digests, etc - 1926 - 1122 pages
...contract. This delivery covered 176 tons (351,900 pounds), which, after delivery, were paid for. V. The difference between the market price, at the time and place of delivery fixed by the contract, and the contract price for the undelivered portion of the bran amounted to $2,281.36.... | |
 | New York Chamber of Commerce - Commerce - 1877 - 478 pages
...recover the difference between the contract price and the sum realized on the sale ; or, 3. He could keep the property as his own, and recover the difference...market price at the time and place of delivery, and ihe contract price. (POLLEN vs. LE Roy, 30 NY 556; DUSTAN vs. McAnDREW, 44 Jf. Y. 72 ; BRIDGEFORD vs.... | |
 | Law - 1892 - 554 pages
...and recover the difference between the contract price and the price obtained on such resale ; (3) or he may keep the property as his own, and recover the difference between market price and the contract price. This formulary seems to have crept into several text-books, receiving... | |
 | William Wait - Civil procedure - 1873 - 950 pages
...of the vendee, and recover the difference between the contract price and the price obtained on such resale ; or (3) He may keep the property as his own,...market price at the time and place of delivery and the market price. Dustan v. McAndrew, 44 NY (5 Hand) 72 ; affirming SC, 10 Bosw. 130. e. Election between... | |
 | Law - 1898 - 562 pages
...price ; or may sell the property as agent for the vendee and recover any deficiency resulting ; or may keep the property as his own and recover the difference between contract price at the time and place of delivery. In order, however, to make the first remedy available,... | |
 | Law - 1876 - 816 pages
...vendee, recover the difference between the contract price and the price obtained on such resale. " 3. He may keep the property as his own and recover the difference between the market price nt the time and place of delivery and the contract price.'" But the case actually decided was one of... | |
 | Judah Philip Benjamin - Sales - 1877 - 984 pages
...vendee, and recover the difference between the contract price and the price of resale ; (e) or 3d, He may keep the property as his own and recover the...time and place of delivery and the contract price, (e1) § 789. Where an unpaid vendor, after delivery of the goods to the buyer, tortiously retakes and... | |
 | Law reports, digests, etc - 1897 - 1040 pages
...the vendee, and recover the difference between the contract price and the price of resale; or, third, he may keep the property as his own. and recover the...time and place of delivery and the contract price.' " See, also, the American cases cited by the American editors on page 775 of Bennett's Edition of Benjamin... | |
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