Iron Trade Products Co. v. Wilkoff Co.

Citations

• 272 Pa. 172
• 116 A. 150
• 1922 Pa. LEXIS 794

Syllabus

<p>Contracts — Sale—N^.performance—Difficulty of performance — ■ Limited quantity in market — Damages—Measure of damages— Sales Act of May 19,1915, P. L. 5h&, 562. '</p> <p>1. If a party, seeking to secure all tbe merchandise of a certain character which he could obtain, enters into a contract for a quantity of such goods, and subsequently makes performance of the contract by the seller more difficult by making other purchases which increase the scarcity of the available supply, his conduct, in the absence of any intent to embarrass or interfere with the seller, will furnish no excuse to the latter for refusal to perform the contract. Mere difficulty of performance will not excuse a breach of contract.</p> <p>2. Where there is an available market in which to procure goods that were not delivered, the measure of damages, in the absence of special circumstances showing proximate damages of a greater amount, is the difference between the contract price and the market price at the time and place for delivery, or, if no time was fixed, then at the time of the refusal to deliver, as provided by the Sales Act of May 19, 1915, P. L. 543, 562.</p> <p>3. If the vendee procures the goods elsewhere, at less than the market value, his measure of damages is limited to the amount he expended therefor in excess of the contract price.</p> <p>4. If, however, he resells the goods, the price, on the resale, is not to be taken as the basis for damages for the breach of delivery, unless made part of the contract.</p> <p>Practice, C. P. — Affidavit of defense — Contradictory or equivocal averments — Sale.</p> <p>5. An affidavit of defense must be considered as a whole, and a general denial therein is of no avail. An affidavit that is contradictory or equivocal is insufficient.</p> <p>6. In an action for failure to deliver goods under a contract of sale, an affidavit of defense is insufficient, which, on the question of damages, denies generally that there was any market or market price fo