McKay v. Riley

Citations

• 65 Cal. 623
• 4 P. 667
• 1884 Cal. LEXIS 655

Syllabus

<p>Contract of Sale—Breach by Vendor—Measure of Damaqes.—In an action for a failure to deliver goods under a contract of sale, where the goods have n’o market value, the plaintiff may recover as damages the difference between the price to be paid by him and an advanced price, for which he had agree to sell the goods to a third person on the faith of the contract.</p> <p>Id.—Evidence—Statute of Frauds.—It appearing that the goods could have been sold to such third person at the price agreed on, the plaintiff was not required to prove a valid agreement with him under the statute of frauds.</p> <p>Practice — Objection to Evidence.—An objection to evidence, which might have been removed if taken in the court below, cannot be taken for the first time on appeal.</p>