David v. William Whitmer & Sons, Inc.

Citations

• 46 Pa. Super. 307
• 1911 Pa. Super. LEXIS 272

Syllabus

<p>Contract — Sale—Breach—Damages for nondelivery.</p> <p>1. Ordinarily the measure of damages for nondelivery by the vendor of goods sold, is the difference between the contract price or so much thereof as remains unpaid, and the market value of the goods at the time and place appointed for delivery, and in the absence of proof of the market value at the time and place of delivery, the vendee fails to show any damages at all; but the vendee cannot wait over six months after the breach and then go into the market and claim the difference in the price then paid and the contract price as damages; nor can the vendee claim as the basis of damages purchases made by his own vendees to supply the goods which he could not deliver on account of the plaintiff’s breach of contract.</p> <p>2. A purchaser of goods cannot claim as an element of damages for the nondelivery of goods loss of anticipated profits where it does not appear that the seller had any knowledge at the date of the contract of any contracts between the purchaser and his customers. Merely knowing that the purchaser was a dealer and that the goods were purchased to be resold to customers who were unknown to the seller, is not sufficient to make the plaintiff liable for loss of profits.</p>