Boyd v. Merchants & Farmers Peanut Co.

Citations

• 25 Pa. Super. 199
• 1904 Pa. Super. LEXIS 40

Syllabus

<p>Contract — Sale—Measure of damages — Breach.</p> <p>The measure of damages for a breach of a contract of sale of goods is the difference between the contract price and the market value of the goods at the time and place agreed upon for delivery.</p> <p>Contract — Sale—Weights—Evidence—Presumption.</p> <p>Where goods are sold for delivery f. o. b., it will be presumed, in the absence of evidence to the contrary that the weights are to be determined at the point of delivery.</p> <p>Contract — Sale—Damages—Province of court and fury.</p> <p>In an action for a breach of a contract of sale, where the evidence as to the market value of the goods at the time of the breach is all oral, and is conflicting, it is error for the court to withdraw from the jury the question of the amount of damages.</p> <p>Contract — Sale—Offer—Acceptance.</p> <p>When two persons meeting face to face bargain about the sale of an article of merchandise, and one expresses a willingness to accept certain terms, that willingness is supposed to continue, unless it is revoked, to the close of their interview and negotiations upon the subject; and if during this time, the other party says he will take the article on the terms proposed, the bargain is thereby closed.</p> <p>When a letter containing an offer requires an answer by return mail, the acceptance must be sent by the next post. If the offer does not specify the time, the acceptance must be within a reasonable time, or the offer will lapse.</p> <p>When the parties are dealing with regard to a mercantile commodity the price of which in the market changes from day to day, and the party who receives the offer does not post his acceptance during the same business day, he cannot take advantage of a rise in the market price, and accept upon some future business day. What in any case is a reasonable time must be dependent upon the situation of the parties, and the subject-matter of the negotiations.</p> <p>What is a reasonable time for acceptance is