Imperial Rolling Screen Co. v. Steinfeld Bros.

Citations

• 232 Pa. 399
• 81 A. 413
• 1911 Pa. LEXIS 733

Syllabus

<p>Contract — Measure of damages — Evidence—Market value.</p> <p>1. In an action to recover damages by a vendor against a vendee for refusal to take more than a portion of a quantity of screens agreed upon as the subject of a written contract of sale, the correct measure of damages is the contract price, less the value of the undelivered screens in the plaintiff’s hands at the time of the breach.</p> <p>2. In such a case in determining the value of the screens not delivered, the law does not limit the evidence of such value to an actual sale with notice, but other evidence may be considered even though vague and unsatisfactory, and a referee who is to pass upon the question must determine as best he can what the value is. If it appears that the vendee declined to accept the screens at a price at which the plaintiff offered them, the referee’s finding of the value at that price confirmed by the court, will not be set aside by the appellate court.</p>