Standard Refrigerator Co. v. Apeldorn & Beatty Co.

Citations

• 77 Pa. Super. 563
• 1921 Pa. Super. LEXIS 317

Syllabus

<p>Contract — Rescission—Damages—Purchase money — Recovery.</p> <p>One who is not in position to comply with the terms of his contract and has done nothing toward its fulfillment, is not entitled, upon its cancellation by the other party, to retain a substantial payment which he received on account of the contract.</p> <p>Contracts — Rescission—Damages—Nominal damages.</p> <p>Where a plaintiff, who paid $500 as an initial payment on account of a bailment lease of a gas engine, cancelled the same before defendant had done anything toward fulfilling it, and then sued to recover the sum so paid, it was proper for the trial court, hearing the case without a jury, to award plaintiff judgment for $500 less defendant’s damages, and where no damages were shown an allowance of $1 as nominal damages was correct.</p>