Edson v. Magee

Citations

• 43 Pa. Super. 297
• 1910 Pa. Super. LEXIS 44

Syllabus

<p>Contract — Sale—Rescission—Damages.</p> <p>1. Where a vendor of butter sets it apart in his cold storage rooms, and delivers a storage receipt to the vendee who is to withdraw the butter from time to time as his trade demands, the title to the butter when it is set apart in the storage room passes to the vendee, and a mere threat subsequently made by the vendor to cancel the contract, not carried into effect, is not a rescission, and the vendee cannot repudiate the contract by returning the storage receipt if the vendor does not assent to the repudiation; nor does delay by the vendor in enforcing his claim for the purchase money affect the right of action under the contract.</p> <p>2. In such a case where the vendor after waiting for several months for payment sells the butter in good faith and in the exercise of sound judgment, he is entitled to recover from the vendee the contract price with interest and storage charges less the amount received on the sale. The measure of damages is not the difference between the contract price and the market value of the butter at the time of the vendee’s attempted repudiation of the contract.</p>