Tonib v. Post
Tonib v. Post
Opinion of the Court
delivered the opinion of the .court. Heydenfeldt, Justice, concurred.
The only error, which we consider it necessary to notice in this case, is the admission of testimony to prove the speculative profits of the plaintiffs.
The true rule of damages was the difference between the price agreed on between the parties, and the market value of the goods at the time of the breach of the contract.
The fact that there were no Chinese goods in the market at that time, corresponding to the description of those sold by the defendants, did not warrant the admission of evidence showing what
Judgment reversed, and new trial ordered.
Reference
- Full Case Name
- TOBIN & DUNCAN v. POST & UPHAM
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 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. The admission of testimony to prove the speculative profits of the plaintiff in such actions is error. 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. The difference between the value of the cargo and the contract price, is the true measure of damages.