Upstone v. Weir

Citations

• 54 Cal. 124

Syllabus

<p>Contract of Sale—Measure of Damages. — The measure of damages for a partial breach of a buyer’s contract to purchase personal property is recompense to the seller at the contract price for the part performance, and indemnity for his loss in respect to the part unexecuted. Accordingly, where a buyer contracted to purchase a certain quantity of iron-work, and, after accepting a portion thereof, declined to receive the balance: Held—in an action by the seller for the breach—that the plaintiff was entitled to recover for the iron-work furnished such a proportion of the whole contract price as the quantity which he furnished bears to the whole quantity contracted for; and, in addition, the profit he would have made if he had been allowed to complete his contract; together with the damages he incurred in providing means for furnishing the residue of the iron-work called for by the contract.</p> <p>Id. — Assumpsit.—In such case, if the buyer should waive his contract, and sue in general assumpsit, the measure of damages would be the value of the property delivered.</p> <p>Id. — Interest.—In the former case, the plaintiff is entitled to interest on the amount found due from the time of his demand.</p>