Cases On Sales of Personal Property

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The action, therefore, could not be for the price, but for special damages for a refusal to receive the goods when the delivery was tendered. We think the statement was sufficient to justify a recovery of such damages, as the words of the statement were clearly to this effect ; but there was no evi- 244 CASES ON SALES OF PERSOlirAL PEOPERTY.
dence given of the murket value of the goods as compared with the price. It does not appear that the plaintiffs had suffered any damage. For anytliing that
... was shown, the goods were worth the price agreed upon in the open market.
Whilst the manifest tendency of the cases in the American courts, now, is to the doctriiie that when the vendor stands in the position of a complete performance on his part, he is entitled to recover the contract price as his measure of damages, in the case of an executory contract for the sale of goods not specific, the rule undoubtedly is that the measure of damages for a re- fusal to receive the goods is the difference between the price agreed upon and the maiket value on the day appointed for delivery.


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