Ramish v. Kirschbraun & Sons

Citations

• 98 Cal. 676
• 33 P. 780
• 1893 Cal. LEXIS 978

Syllabus

<p>Sale of Goods—Damages for Delay in Delivery—Instruction—Cost Price. —In an action for damages caused by delay in the delivery of a carload of eggs, the cost price of the eggs to the purchaser, under the terms of the contract, is an immaterial element in the case, and it is error to instruct the jury that the measure of damages is the difference between the cost price of the eggs to the plaintiff by the terms of the contract and their value to him at the time and place when they ought to be delivered.</p> <p>Id. —Measure of Damages.—The evidence should be confined to the inquiry as to the market value of the eggs between the date that they should have been delivered under the terms of the contract and the date at which they were delivered, and the plaintiff cannot recover any damages if he was benefited by the delay in delivery, but only to the extent to which he is shown to have been injured thereby.</p>