Moody v. McTaggart

Citations

• 29 Pa. Super. 465
• 1905 Pa. Super. LEXIS 358

Syllabus

<p>Contract — Sale—Repudiation—Damages—Freight.</p> <p>Where coke is sold at the ovens for a price stated, and is delivered to the carrier by the seller, who thereupon becomes liable for freight, and subsequently, when the coke arrives at the purchaser’s yard, it is wrongfully rejected by the latter, and the seller thereupon sells it to other parties, the seller is not obliged to sue for the entire purchase price of the coke, but he may claim and recover the difference between the price at which the coke was originally sold and that for which it was subsequently resold, deducting freight and charges.</p> <p>Where a contract of sale has been repudiated and the goods rejected by the vendee in toto, it is violated in every part, and the vendee becomes hable for whatever actual damages the vendor may suffer.</p>