Woldert Grocery Co. v. Wilkinson

Citations

• 39 Pa. Super. 100
• 1909 Pa. Super. LEXIS 444

Syllabus

<p>Contract — Sale—Breach—Measure of damages.</p> <p>In an action to recover the price of a carload of Pecan nuts ordered in Texas and shipped to Philadelphia, it appeared that before the nuts were shipped from Texas, defendant attempted to repudiate the contract, but to this the plaintiff refused to consent. At the time the goods were shipped, the nuts had fallen so much in price in Texas that only a nominal sum could have been realized from their sale. When the car arrived in Philadelphia, it was opened by defendant, and after inspection of the nuts, they refused to take them on the ground that they were not up to the quality contracted for. The plaintiff’s agent sold the goods in Philadelphia. Held (I), that the verdict of the jury in favor of the plaintiff established that the quality of the nuts was up to the contract standard, and that the defendant’s breach was without justification; and (2) that the measure of damages was the difference between the contract price and the fair market value of the goods at Philadelphia at the time of the breach.</p>