Dowagiac Mfg. Co. v. White Rock Lumber & Hardware Co.

Citations

• 18 S.D. 105
• 99 N.W. 854
• 1904 S.D. LEXIS 28

Syllabus

<p>1. Where there was a reservation of title to goods in the seller until settlement' therefor according to the terms of the contract, an action to recover the agreed price could not be maintained by the seller, at common law, in the absence of a waiver of the stipulation reserving title'.</p> <p>2. By the express provisions of Rev. Civ. Code, § 2303, the measure of damages for a breach by a buyer of his agreement to accept and pay for personal property the title to which is not vested in him is the excess of the amount due from the buyer under the contract over the value to the seller, together with the expenses properly incurred in carrying the property to market over those which would have been incurred' f.or the carriage thereof if the buyer had accepted it, and, the statutory remedy being ample, the seller has no election to treat the sale as absolute, and sue for the purchase price.</p>