Raby, Inc. v. Ward-Meehan Co.

Citations

• 261 Pa. 468
• 104 A. 750
• 1918 Pa. LEXIS 768

Syllabus

<p>Contracts — Sales—Breach—Measure of damages — Special damage — Loss of profits — Idleness of defendant’s mill — Notice—Knowledge — Contract price — Market value — Affidavit of defense — Insufficient averments.</p> <p>1. Tbe general rule governing tbe measure of damages for breach of contract is that they are such as may 'be fairly and reasonably considered as naturally arising from the breach according to the usual course of business and under circumstances contemplated by the parties at the time the contract was entered into; but damages resulting from particular circumstances connected with the transaction cannot be recovered unless such circumstances were known to the defaulting party to the contract and were such as may be supposed to have entered into the contemplation of the parties.</p> <p>2. The measure of damages to a purchaser for the failure of the vendor, to deliver goods according to contract is the difference between the contract price and the market value of the article at the time and place of delivery.</p> <p>3. In an action on a book account for goods sold and delivered where defendant attached to its affidavit of defense copies of writings under which it alleged the goods were delivered and which it contended were the contracts in the case upon which suit should have been brought, but where it appeared that the writings were not orders but simply confirmations of sales, sent out by plaintiff in accordance with the usual business custom to acknowledge orders received, whether verbally or in writing, and where there was nothing in the affidavit to show whether the orders which had been given were in writing or merely verbal, the court properly entered judgment for want of a sufficient affidavit of defense for the amount claimed, less the excess over the contract price defendant claimed it was obliged to pay to procure in the market goods in place of those not delivered.</p> <p>4. In such case a counter-claim for damages resulting from the closing