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" ... the measure of damages ordinarily to be the difference between the contract price and the market value at the time of the breach. "
Digest of Opinions: The Judge Advocates General of the Armed Forces - Page 111
1954
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A Digest of the Decisions of the Supreme Court of the State of ..., Volume 1

Henry Jacob Labatt - 1861 - 1182 pages
...damages against a purchaser for not receiving goods according to contract is the difference between the contract price and the market value at the time of the breach of the contract. Has/cell v. Me Henry, 4 Cal. 411. 239. In an action for breach of contract and for...
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Cases Decided in the Court of Claims of the United States, Volume 58

United States. Court of Claims - 1924 - 792 pages
...obtained it on the 17th of July or soon thereafter. The measure of damages is the difference between the contract price and the market value at the time of the breach. Shepherd et al v. Hampton, 3 Wheat. 200: Grand Toirrr Co. v. Philips et al., 23 Wall. 471 ; Marsh v....
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Treatise on the Civil and Criminal Jurisdiction of Justices of the Peace and ...

Charles W. Langdon - 1870 - 858 pages
...damages against a purchaser for not receiving goods according to contract, is the difference between the contract price and the market value at the time of the breach of the contract. 4 Cal. 411. SEC. 14. If a man sells his property or contracts with another, on good...
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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, William Mawdesley Best, George James Philip Smith - 1871 - 1138 pages
...damage* for «l« loss of his bargain. (2). That the measure of damages was the difference between the contract price and the market value at the time of the breach »••' the contract. (3). That, in the absence of evidence to the contrary, the priiv »: which...
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Estee's Pleadings, Practice and Forms: In Actions Both Legal and ..., Volume 1

Morris March Estee - 1878 - 648 pages
...purchaser for not receiving goods according to contract, the rule of damages is the diflVreiier between the contract price and the market value at the time of the breach of the contract: Haskellv. Henry, 4 Cal. 411. wool in one bag was of a different kind, and B. without...
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A Treatise on the Law of Railroads

Edward Lillie Pierce - 1881 - 684 pages
...Dalton ». Midland R. Co., 12 CB 458, 13 С. В. 474. measure of damages is the difference between the contract price and the market value at the time of the breach.1 A party, subscribing for shares at the request of another, who agrees to take them and indemnify...
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The Northwestern Reporter, Volume 18

1884 - 1002 pages
...of the parties makes default, and thereupon the parties settle on the basis of actual differences in the contract price and the market value at the time of the breach, does not render the contract void аз a gambli ng contract. Brua's Appeal, 55 Pa. St. 294 : Smith...
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The American Decisions: Containing All the Cases of General Value ..., Volume 67

John Proffatt, Abraham Clark Freeman - 1885 - 858 pages
...to recover the whole amount of money agreed to be paid for the land, but only the difference between the contract price and the market value at the time of the breach, if at that time there was any decrease in such value. And where the defendant refuses to receive the...
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Estee's Pleadings, Practice, and Forms: Adapted to Actions and ..., Volume 1

Morris March Estee - 1886 - 728 pages
...purchaser for not receiving goods according to contract, the rule of damages is the difference between the contract price and the market value at the time of the breach of the contract.6 § 1388. Tender. — The refusal of a buyer to take the goods which he has contracted...
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Atlantic Reporter, Volume 102

1918 - 1238 pages
...conditioned on any such circumstances. Except where special damages are claimed, the difference between the contract price and the market value at the time of the breach is the true measure of the damage, whether the vendee has purchased goods to take the place of those...
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