Reese v. Hoffecker

Citations

• 22 Del. 198
• 6 Penne. 198
• 65 A. 588
• 1906 Del. LEXIS 44

Syllabus

<p>Appeal—Sale of Wheat—Refusal to Accept—Refusal to Deliver— Resale at Market Price—Recovery of Loss—No Recovery if Purchaser tendered Himself ready to Receive.</p> <p>Where goods are sold at an agreed price, to be delivered at a future time, and the purchaser refuses to receive the same in accordance with the contract of sale, the seller may re-sell the same at the market price, if the commodity has a market price, and recover from the purchaser the loss on such re-sale. But if the purchaser tenders himself ready to receive the goods in accordance with the conditions of sale, the seller cannot recover for any loss upon a resale thereof.</p>