Jones v. Jennings Bros. & Co.

Citations

• 168 Pa. 493
• 32 A. 51
• 1895 Pa. LEXIS 829

Syllabus

<p>Sale — Contract—Executory contract — Measure of damages.</p> <p>An order for the purchase of steel scrap, “ similar to sample wagon load ” previously delivered, is an executory contract, and no title passes until the goods are accepted by the vendee.</p> <p>Where the vendee refuses to accept the goods without sufficient cause, the title remains in the seller, and the measure of damages for the refusal to accept is not the purchase price of the goods, but the difference between the price agreed upon and the market value on the day appointed for delivery.</p>