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· 2/14/1902

Bradley v. McHale

Citations

  • 19 Pa. Super. 300
  • 1902 Pa. Super. LEXIS 89

Syllabus

<p>Contract — Sale and delivery of chattel — Evidence.</p> <p>In an action for a breach of contract where it appears that the defendant agreed to sell and deliver a two-story frame store building, and to place the building on a foundation on a lot of ground owned by the plaintiff, evidence is immaterial which tends to show that the borough authorities and a telegraph company refused to permit the defendant to move the building over 'streets or through wires. Whether there was a subsequent agreement between the parties that the building should be cut in two and moved in parts, is also not material as a defense, there being no pretense of any performance whatever.</p> <p>Contract — Breach—Measure of damage — Sale of chattel.</p> <p>The measure of damages for the breach of a contract to sell and deliver a two-story frame building and place it upon the land of another, is the amount necessary to put the injured party in the same position >as if there had been no breach. He is entitled to recover compensation for everything which was the natural and probable consequence of the breach.</p>

Judges: Beaver, Orlady, Porter, Rice

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