Morris v. Supplee

Citations

• 208 Pa. 253
• 57 A. 566
• 1904 Pa. LEXIS 740

Syllabus

<p>Evidence— Custom— Contract.</p> <p>Where on a contract for the sale of cotton the terms are stated as “ cash basis, note at 60 days from date of shipment of each 100 bales, interest added,” it is proper to permit it to be shown that by a trade custom the words meant that the purchaser had the privilege of paying either in cash, or by a note drawn by himself to his order and indorsed by him, and which was the equivalent of cash.</p> <p>Contract — Sale —Breach—Measure of damages.</p> <p>Where the seller refuses to deliver and the buyer supplies himself before the contract date of delivery has arrived, the measure of damages to the latter is not the difference between the market price on the date of delivery and the contract price, but is the difference between the price at which the goods were actually bought and the contract price. In such a case the burden is upon the buyer to show at what price he had actually supplied himself with the goods.</p>