Gloekler v. Painter

Citations

• 272 Pa. 131
• 116 A. 110
• 1922 Pa. LEXIS 788

Syllabus

<p>Contract — Exchange of automobiles — Breach of contract.</p> <p>1. The measure of damages for breach of a contract to pay a fixed sum in a particular commodity or specific articles of property, is the sum stated, and the value of the commodity at the time of the breach is not material.</p> <p>2. Where a person agrees to purchase from a dealer an automobile, to be delivered at a specific time, paying part of the price by delivering a used car at an agreed valuation, and the- balance in cash on delivery of the new car, which could not bo obtained, the measure of damages is the sum at which the used car was valued, and not its value at the time of the breach.</p> <p>3. The loss sustained by the seller’s breach, under ordinary circumstances, is determined by the difference between the market price and the contract price at the time of delivery; but where the article cannot be obtained, the measure is the actual loss which the vendee can show he has sustained.</p>