Stark v. Alford & Veal

Citations

• 49 Tex. 260

Syllabus

<p>1. Measure of damages—Defective machinery.—The measure of damages in an action for the breach of a contract to deliver specified machinery, is the difference in value between the machinery as furnished and as contracted for.</p> <p>2. Same—How ascertained—Experts.—This difference may be ascertained by the testimony of experts, taking the contract price and expense of delivery as the basis, and estimating the difference between that amount and the value of the machinery actually delivered ; or by ascertaining the reasonable cost of supplying the deficiencj’ or of remedying the defects of the machinery as delivered.</p> <p>3. Same—Parties.—All parties interested in the contract to sell are responsible to the purchaser for whatever damages he may have sustained from a breach of the contract.</p> <p>4. Acceptor paying before maturity.—An acceptor of a bill drawn by the purchaser of machinery cannot, by paying the bill before maturity, change the relations of the original parties to it and to each other, and thus cut off the drawer from the defense of failure of consideration, from defects in the machinery so purchased.</p> <p>6. Same.—Tim acceptor paying before maturity is not a holder for value of the paper, as against the drawer.</p> <p>6. Drawer and acceptor.—The liability of the acceptor is to pay according to the terms of the contract. His remedy, as against the drawer, then, is for money had and received by him, of which the bill is the evidence.</p> <p>7. Same—Surety.—An acceptor, even though lie may have been surety for tlie drawer to the payee for machinery purchased by the drawer, in paying before maturity is subject to any defense which could be made by the maker, if sued by the payee.</p>