Minor's Estate v. Crusel

Citations

• 124 La. 590
• 50 So. 590
• 1909 La. LEXIS 503

Syllabus

<p>1. Sales (§ 163*) — Contract — Breach by Seller.</p> <p>Defendant, having contracted to furnish plaintiff 20.000 barrel's of oil, deliverable during certain months at defendant's option, breached the contract by notifying plaintiff that he could not deliver more, after having delivered 16,335 barrels.</p> <p>2. Sales (§ 417*) — Contract—Breach—Damages— Market Value — Evidence.</p> <p>Defendant contracted to deliver to plaintiffs 20,000 barrels of oil, at 58 cents a barrel, between February and September, 1906, and, after delivering 16,335 barrels, wrote plaintiffs, on February 14, 1907. that he was unable to deliver any more, offering, however, to purchase their supply for the ensuing year at a price that would save them from loss, and advising them not to make purchase at present; that sales were then being made at 95 cents to $1 a barrel f. o. b. shipping point, which, with freight added, made the cost at point of delivery $1.27 to $1.32 per barrel. Plaintiffs, in .May, 1907, contracted for 12,000 barrels at $1.33 delivered, and sued for the difference. Held, that such facts sufficiently showed that $1.33 per barrel was the market price at the point of delivery at the time of defendant’s breach.</p>