Hooper, Seving & Co. v. Bromley Bros. Carpet Co.

Citations

• 11 Pa. Super. 634
• 1899 Pa. Super. LEXIS 191

Syllabus

<p>Breach of executory contract — Measure of damages — Test of market price.</p> <p>In the case of an executory contract for the sale of goods not specified, the rule undoubtedly is that the measure of damages for a refusal to receive the goods is the difference between the price agreed upon and the market value on the day appointed for delivery.</p> <p>The most equitable method available must be resorted to for ascertaining the price of the goods and the vendor may resell if the sale be bona fide and proper and recover the difference between the price obtained and the contract price; reasonable and intelligent judgment must be exercised in ascertaining the market price.</p> <p>It is not correct, however, to laydown, as a hard and fast rule, that “ the proper way to determine the market price of the yarn is to have it sold at public sale and what it realizes, after proper advertising and notice at public sale, is the market price.”</p>