Ralli v. Rockmore

Citations

• 111 F. 874
• 1901 U.S. App. LEXIS 4995

Syllabus

<p>Damages—Breach of Contract for Delivery of Cotton—Time of Breach. ’</p> <p>At various times during about two months, ’ ending in December, plaintiffs made contracts for the purchase of cotton from defendant. Of some of the purchases, all was delivered and paid for; of others, part only; and still others, none was delivered. Plaintiffs kept urging delivery of the remainder, and not until January 4th did defendant refuse to make such delivery. Plaintiffs then purchased the amount of the deficiency at the market price, which was an advance over the prices to be paid under the contracts. Held, that the breach of the contracts, for the purpose of fixing the measure of damages, occurred on January 4th, and plaintiffs were entitled to recover the amount then paid in excess of • the contract price.</p>