Maher v. Riley

Citations

• 17 Cal. 415

Syllabus

<p>Plaintiff sues on a contract of sale of cattle to be delivered within “ three weeks at the furthest ”—the consideration money being paid—adding also the common counts. Complaint avers the breach of the agreement by failure to deliver the cattle. Held, that it was not error in the Court below, instructing the jury that if defendants did not have the cattle ready for delivery at the time mentioned in the contract, they should find for plaintiff, and in assessing damages, they might find the purchase money, with ten per cent, interest, or the highest market price of the cattle to the time of trial.</p>