Cartwright v. McCook

Citations

• 33 Tex. 612

Syllabus

<p>1. On contracts for the delivery of specific chattels, the general rule of damages for non-delivery, when the price was not paid in advance, is the market value of the goods at the time and place when and where the delivery should have been made.</p> <p>2. But if the vendor received the price in advance and failed to deliver the articles, the vendee may recover the highest price of the goods at the place where the delivery should have been made, at any time belween the day stipulated lor the delivery and the day of the trial.</p>