Eaves v. Harris & Sons Co.

Citations

• 95 Miss. 607
• 49 So. 258

Syllabus

<p>1. Sales. Future delivery. Failure to deliver. Measure of damages. Pleading. Failure to charge facts entitling to special damages.</p> <p>Where a commodity under a contract of purchase was to be delivered in the future and the seller failed to make delivery:</p> <p>(а) He is ordinarily liable only for the difference between the contract price and the market value of the article at the time delivery should have been made; and</p> <p>(б) The purchaser cannot recover the difference between the contract price and the sum paid by him for a like commodity, in the absence of averments in his declaration entitling him to recover special damages.</p> <p>2. Pleadings and Proofs. Evidence.</p> <p>Material allegations in the pleadings are essential to the relevancy of evidence; and to prove without allegation, except where the defect is cured by verdict, is vain and fruitless.</p>