Tonib v. Post

Citations

• 3 Cal. 373

Syllabus

<p>In a suit for damages, for the failure of the defendants to deliver goods according to contract, the true rule of damages is the difference between the price agreed between the parties, and the market value of the goods at the time of the breach of the contract.</p> <p>The admission of testimony to prove the speculative profits of the plaintiff in such actions is error.</p> <p>Where the contract was for the cargo, or all the goods of a given description in a given vessel, and there were no other like goods in the market: Held, that the admission of evidence to show what they were worth in broken parcels was error.</p> <p>The difference between the value of the cargo and the contract price, is the true measure of damages.</p>