Spears v. Henry F. Michell Co.

Citations

• 56 Pa. Super. 294
• 1914 Pa. Super. LEXIS 81

Syllabus

<p>Contract — Sale—Offer—Acceptance—Rescission—Damages.</p> <p>1. Where offers are made to sell two lots of grass seed, and the offers are accepted, and it appears that the minds of the parties met in the correspondence in regard to the subject-matter of the contract, the price, time and place of delivery and payment, and that the purchaser rescinded the contract on the mere ground that he had made a mistake, such repudiation of the contract gives to the seller the right to sell the seed in the open market within the time he would have been ready to ship it under the orders.</p> <p>2. Grass seed is bought and sold and kept in stock like other merchandise at known seasons of the year, and there is no reason for taking it out of the general rule recognized in this state, that for a breach of contract for the sale of personal chattels, yet to be manufactured, the vendor is entitled to recover the difference between the selling price and the market value at the time and place of the delivery of the chattel.</p>