Woodstock Iron Works v. Standard Pulley Mfg. Co.

Citations

• 115 La. 830
• 40 So. 236
• 1905 La. LEXIS 745

Syllabus

<p>Sales — Failure to Accept Goods —Measure oe Damages.</p> <p>Defendant agreed to receive the iron which plaintiff agreed to sell at a stipulated price.</p> <p>Defendant received and accepted part of the iron.</p> <p>On the request of defendant plaintiff stopped further shipment.</p> <p>The latter, the defendant, promised to notify the former when to ship again.</p> <p>The year lapsed during which the defendant, as per promise, was to receive all the iron it had agreed to buy.</p> <p>The defendant took upon itself to stop the shipment and delivery of iron. Plaintiff notified the defendant, and placed it in default in writing, and expressed willingness to execute the contract.</p> <p>If the market price of the article, says Addison, in substance, in his work on Contracts (p. 477 [8th Ed.] Abbott’s notes), has declined after the making of the contract, and it is manifest that the buyer will not accept the goods sold, the proper measure of damages, after legal notice, is the difference between the contract price and the market price.</p> <p>(Syllabus by the Court.)</p>