Hess v. Seitzick

Citations

• 95 Wash. 393
• 163 P. 941
• 1917 Wash. LEXIS 821

Syllabus

<p>Sales — Breach by Purchaser — Measure of Damages. Where, upon the sale of butter subject to inspection, the buyer rejected it and the vendor elected to retain it, the measure of damages for the purchaser’s breach of contract is the difference between the contract price and the market price at the time and place of delivery.</p> <p>Same — Breach—Measure of Damages — Price on Resale. Upon breach of contract for the sale of butter, rejected by the buyer, the price received on resale, without notice, upon a declining market, three months after rejection, does not bind the buyer, where there was evidence that it could have been resold at and after the time of the rejection for more than the contract price; since the resale must be made within a reasonable time.</p>