L. M. Merritt & Son v. Wittich

Citations

• 20 Fla. 27

Syllabus

<p>1. Where a party sells and delivers to another party at a port of entry in this State a quantity of timber on board a ship, and guarantees the same to be of “the season’s manufacture, and of fair average quality, the measurement to overrun the specifications,’' the measure of damages to be recovered in an action for a broach of the contract is controlled by the difference in the value of the timber in the market where the contract was made, and the timber delivered.</p> <p>2. The refusal of the court to receive evidence in such a case of the difference in such value in the market of Liverpool, where the contract does not provide for such an assessment of damage, and where there is no allegation in the declaration that the damage was there to lie assessed, is not error.</p> <p>0. The contract or agreement of parties in Liverpool lor the purchase and sale of such timber, to receive from their consignor, in Pensacola, a certain sum in full for damages on a breach of such contract to be completed in Liverpool, is not evidence of the value of the timber as guaranteed in Pensacola, and its market value in Pensacola.</p> <p>4. The general rule is, “That damages recoverable will bo calculated at the market value of the goods at the time and place when and where they ought to have been delivered.” “And evidence of the value of such goods in a foreign market cannot be received upon a question of damages, unless it is averred in the declaration that the goods were bought for that market.”</p>