Sacketts Instructions And Requests for Instructions in Jury Trials Especially
Sacketts Instructions And Requests for Instructions in Jury Trials Especially
Frederick Sackett
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, 295; Carney vs. Newherry^ 24 111. , 203; Bush vs. Holmes, 53 Me. , 417; Cannon vs. Fol- som, 2 la. , 101; Crosby vs. Watkins, 12 Cal. , 85; Ze/iner \s. Dale, 25 Ind. , 433. The jury are further instructed, that upon a breach of a contract to deliver articles of personal property, at a particu- lar place, within a certain time, at a certain price, and when the property has been paid for, and subsequently delivered, but not delivered within the specified time, the measure of damages is the diff...erence in the value of the property at such place, at the time of actual delivery, and its market value at the same place at the time fixed in the contract for delivery. If the jury believe, from the evidence, that a contract was entered into by the defendant, as alleged in plaintiff's declara- tion, for the sale of {thirty thousand hricJc), at the price of % — {per thousand?), to be delivered on demand, and that the ])laint- iff demanded said brick, as claimed by him, and that he M^as then ready and willing to pay for the sam^^, and that upon such demand the defendant refused to deliver the brick, then, if you further believe, from the evidence, that the market price of the same kind of brick, at the time and place of such demand, was greater than the contract price, the measure of damages will be the difference between such market price and the price agreed upon.
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