Unexcelled Fire-Wks. Co. v. Polites

Citations

• 130 Pa. 536
• 25 W.N.C. 264
• 18 A. 1058
• 1890 Pa. LEXIS 1068

Syllabus

<p>[To be reported.]</p> <p>1. When an accepted order for goods, to be shipped to the buyer, amounts simply to a bargain and sale of goods not specific, and before they are separated from the bulk and set apart to the vendee, he notifies the vendor not to ship them, such notice is a revocation of the carrier’s agency to receive the goods, and a subsequent delivery of them to the carrier will not charge the vendee with their price, his only liability being for damages for refusing to accept them.</p> <p>2. The present tendency of the American eases is to the doctrine that where the vendor stands in the attitude of complete performance on his part, he is entitled to the contract price as his measure of damages; but, on an executory contract for the sale of goods not specific, the measure of damages for a refusal to receive them, is the difference between the contract price and the market value on the day appointed for delivery.</p> <p>3. A statement of claim, averring that certain goods, ordered by the defendant, were shipped by the plaintiff according to the order, but the defendant refused to receive them from the carrier; that they were then of no use to the plaintiff, having been manufactured for the defendant and unsalable to other customers, and that defendant, by reason of his contract, was indebted to the plaintiff in the amount of the contract price, will support a recovery of damages for a refusal to receive the goods.</p>