Gallagher v. Whitney
Supreme Court of Pennsylvania
Gallagher v. Whitney, 147 Pa. 184 (Pa. 1892)
23 A. 560; 1892 Pa. LEXIS 808
Green, Heydrick, McCollum, Mitchell, Paxson, Sterrett
Gallagher v. Whitney
Opinion of the Court
The only serious complaint here is that the learned judge below erred in his charge to the jury upon the measure of damages. The ingenious argument of the counsel for the appellant has failed to satisfy us that the court committed error. An examination of that portion of the charge contained in the second specification, shows that the learned judge was correct in his calculation, while the rule laid down for the measure of damages, contained in the first specification, is entirely accurate.
Judgment affirmed.
Reference
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- Syllabus
- Contract of sale — Measure of damages. In an action to recover damages for the breach of a contract of sale, it is proper to charge that the measure of damages is the difference between the jiriee at which the goods were to have been taken, and the expense to the plaintiffs of making them, or any other damage or expense caused to the plaintiffs by reason of the refusal of the defendants to take the goods.