Speakman v. Price

Citations

• 25 Del. 377
• 2 Boyce 377
• 80 A. 627
• 1911 Del. LEXIS 49

Syllabus

<p>1. Costs — Appeal—Tender.</p> <p>Const, art. 4, § 25, provides that at any time, pending an action for debt or damages, defendant may bring into court a sum of money to discharge the same, together with the costs then accrued, and, plaintiff not accepting it, if on final decision of the case he shall not recover a greater sum, he shall not recover any costs accruing after such payment, except where plaintiff is an executor or administrator. Held that, where a payment is made under such section to a justice of the peace, that fact is not admissible on the trial of the case anew ih the Superior Court on appeal.</p> <p>2. Contracts — Definition.</p> <p>In legal contemplation, a “contract” is an agreement between two or more persons on a sufficient consideration to do or not to do a particular thing. To make a contract there must be an offer by one person for a sufficient consideration to do or not to do a particular thing, and there must be an acceptance by the other party of that offer, which offer and acceptance must be equally binding on both parties to the agreement, and must be to do or not to do a particular thing.</p> <p>3. Sales — Contract—Buyer’s Breach — Damages.</p> <p>Where defendants agreed to purchase plaintiff’s crop of tomatoes at a specified price per basket, but after accepting 90 baskets refused to receive any more, the measure of plaintiff’s damage was the value of the crop actually grown at the price agreed on, less such amount as he received for tomatoes sold elsewhere.</p> <p>4. Sales — Delivery of Property — Reasonable Value.</p> <p>Where no contract is made to purchase property delivered to and accepted by the buyer, he is liable to the seller for the reasonable value thereof.</p>