Liberty Brand Canning Co. v. Denby

Citations

• 30 Del. 465
• 7 Boyce 465
• 108 A. 142
• 1918 Del. LEXIS 57

Syllabus

<p>1. Sales—Jury question; performance of condition precedent.</p> <p>In action of covenant for damages for breach of contract to deliver tomatoes raised, where defendant’s counsel had admitted that tomatoes contracted for were not delivered to plaintiff packer at all, held, nonsuit based on ground that certain conditions precedent, one of which was that packer should have his factory open to receive tomatoes between certain hours had not been proven, would be denied.</p> <p>2. Action—Evidence of fraudulent representation in action of COVENANT INADMISSIBLE.</p> <p>In action of .covenant by packer against lessee, for damages for breach of contract to deliver tomatoes raised on leased premises, evidence that lessee was induced to sign contract by fraudulent representations of plaintiff’s representative that landlord had stated that it was all right for lessee to make the contract was.inadmissible.</p> <p>3. Sales—Failure to deliver; measure of damages.</p> <p>In action of covenant for damages for breach of contract to deliver to plaintiff all tomatoes grown during the season on a plot of land, the measure of damages is the difference between the price at which defendant contracted to furnish the tomatoes and the market price of tomatoes during the season, including any expenses incurred in purchasing tomatoes in place of those not delivered by defendant.</p>