By the plain and express provisions of the code section cited, the measure of damages is the difference between the price agreed to be paid and the value of the estate agreed to be conveyed, at the time of the breach. Michigan Reports: Cases Decided in the Supreme Court of Michigan - Page 682by Michigan. Supreme Court, George C. Gibbs, Randolph Manning, Thomas McIntyre Cooley, William Jennison, Elijah W. Meddaugh, Hovey K. Clarke, John Adams Brooks, Hoyt Post, Henry Allen Chaney, James M. Reasoner, Richard W. Cooper, William Dudley Fuller, Marquis B. Eaton, Herschel Bouton Lazell - 1919Full view - About this book
| Alabama. Supreme Court - Law reports, digests, etc - 1841 - 912 pages
...vendee for refusing to receive goods, agreed to be purchased by him at a specific price, the measure of damages is the difference between the price agreed to be paid, and the market value of the goods at the time of the breach.— Davis v. Adams. 265 2. In an action against... | |
| Georgia. Supreme Court - Equity - 1886 - 990 pages
...recovery, they must prove the damage which they have sustained. In a case like the present, the measure of damages is the difference between the price agreed to be paid for the goods and the market value of the goods when the breach occurred ; no proof was submitted by... | |
| Theodore Sedgwick - Damages - 1852 - 722 pages
...expiration of the credit, sue the vendee for his breach of contract ; and in such case, the measure of damages is the difference between the price agreed to be paid for the goods and their value at the time that the vendee refused to take them. This is clearly so,... | |
| John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1859 - 518 pages
...conveyance has been executed, and the estate still remains the property of the vendor, the measure of damages is, the difference between the price agreed to be paid and the marketable value of the property, for the vendor cannot be permitted to have both the estate and the... | |
| Austin Abbott - Civil procedure - 1864 - 602 pages
...true rule of damages against the vendee of real estate for not performing the contract of purchase, is the difference between the price agreed to be paid and the actual value, either at the time of refusal to perform or of bringing the action. In the present case,... | |
| Punjab (India) - Civil law - 1869 - 838 pages
...no conveyance have been executed and the estate still remain the property of the vendor, the measure of damages is the difference between the price agreed to be paid and the marketable value of the property ; and if the vendor have resold the estate within a reasonable time... | |
| Law - 1875 - 438 pages
...land according to contract, the measure of his damage is the actual loss he has sustained, and this is the difference between the price agreed to be paid and the value of the land at the time of the breach of contract to convey." This rule is in accordance with... | |
| Charles Greenstreet Addison - Contracts - 1881 - 800 pages
...conveyance has been executed, and the estate still remains the property of the vendor, the measure of damages is the difference between the price agreed to be paid and the marketable value of the property ; for the vendor can not have both the estate and the purchase money,... | |
| Law - 1882 - 264 pages
...damages because of the refusal of the latter to receive the goods sold, the proper measure of damage is the difference between the price agreed to be paid and the cost of the article to the vendor. — Allegheny Valley Railroad Co. v. Stecle, 12 Pittsburgh Legal... | |
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