Monad Engineering Co. v. Stewart

Citations

• 25 Del. 35
• 2 Boyce 35
• 78 A. 598
• 1910 Del. LEXIS 67

Syllabus

<p>1. Contracts — Validity—Fraud.</p> <p>Fraud, avoiding a contract, must relate to something material. The contract must have been induced by it, and the confidence and belief induced must have been a reasonable one.</p> <p>2. Sales — Breach of Contract by Vendor — Fraud of Purchaser — ■ Misrepresentations .</p> <p>Defendants having contracted to sell stone to plaintiff, plaintiff’s false statements as to the work for which the stone was to be used did not constitute fraud affecting the contract.</p> <p>3. Sales — Fraud by Purchaser — Misrepresentation as to Credit.</p> <p>A purchaser’s statement that it had paid for all materials for a particular contract within 30 days of delivery did not alone, if false, affect the substance of the contract, in the absence of evidence that the purchaser’s credit was bad or that the seller might rely on a builder’s lien.</p> <p>4. Fraud — Presumptions and Burden of Proof.</p> <p>Fraud is never presumed, and the burden of proof is on the party alleging it.</p> <p>5. Fraud — Questions for the Jury.</p> <p>Whether there is any evidence of fraud, or facts from which the jury may reasonably infer fraud, is, in most cases, for the court.</p> <p>6. Sales — Breach of Contract — Damage to Purchaser — Measure.</p> <p>The measure of damages for the seller’s failure to furnish goods sold was the difference between the contract price and the market value of the goods at the time and place of delivery, with necessary expenses; and it was the purchaser’s duty, in purchasing other goods, to purchase at the lowest price possible at a place where it could be delivered at least expense.</p> <p>7. Sales — Failure to Deliver — Damages.</p> <p>■ If a seller of stone knew it was not to be used at the point where he was to deliver it, but was to be loaded on scows, on failure to deliver, necessitating purchase elsewhere, the purchaser would be entitled to recover any increase in cost of such loading and the expenses necessarily incurred in connection th