Raby, Inc. v. Ward-Meehan Co.
Raby, Inc. v. Ward-Meehan Co.
Opinion of the Court
Opinion by
Defendant appeals from a judgment entered in favor of plaintiff for the portion of the claim as to which the affidavit of defense was deemed insufficient.
The action is on a book account for goods sold and delivered amounting to $5,280.83, a copy of the account being attached to the statement of claim. The affidavit of defense denies defendant “ordered or received any goods whatsoever from plaintiff upon an open book account, but avers that the items charged to plaintiff in the book account......were bought by virtue of written con
As to the loss resulting from the increased price defendant was obliged to pay for the goods in the open market, the court below correctly held the affidavit presented a good defense, the rule being that the measure of damage to a purchaser for the failure of the vendor to deliver goods according to contracts is the difference between the contract price and the market value of the article at the time and place of delivery: Morris v. Supplee, 208 Pa. 253; Honesdale Ice Co. v. Lake Lodore Imp. Co., 232 Pa. 293. This rule is embodied in Section 67 of the Sales Act of May 19,1915, P. L. 543, 562.
The main contention of defendant is that the contracts were entire for the delivery of specific goods and no recovery can be had by plaintiff without showing complete performance, or that performance was prevented by defendant. Conceding the general rule the present case does not appear from the affidavit of defense to be
The alleged written contracts being eliminated, the affidavit of defense presents nothing to prevent the entry of judgment for the amount of goods sold, less the excess defendant was obliged to pay to procure in the market undelivered goods; the entry of judgment for plaintiff for the difference was, consequently, proper unless defendant should be entitled to set off the further claim for loss by reason of inability to operate its looms owing to delay in obtaining materials.
The general rule governing the measure of damages for breach of contract is that they are such as may be fairly and reasonably considered as naturally arising from the breach according to the usual course of busi
The judgment is affirmed.
Reference
- Full Case Name
- Raby, Incorporated v. Ward-Meehan Company
- Cited By
- 15 cases
- Status
- Published
- Syllabus
- Contracts — Sales—Breach—Measure of damages — Special damage — Loss of profits — Idleness of defendant’s mill — Notice—Knowledge — Contract price — Market value — Affidavit of defense — Insufficient averments. 1. Tbe general rule governing tbe measure of damages for breach of contract is that they are such as may 'be fairly and reasonably considered as naturally arising from the breach according to the usual course of business and under circumstances contemplated by the parties at the time the contract was entered into; but damages resulting from particular circumstances connected with the transaction cannot be recovered unless such circumstances were known to the defaulting party to the contract and were such as may be supposed to have entered into the contemplation of the parties. 2. The measure of damages to a purchaser for the failure of the vendor, to deliver goods according to contract is the difference between the contract price and the market value of the article at the time and place of delivery. 3. In an action on a book account for goods sold and delivered where defendant attached to its affidavit of defense copies of writings under which it alleged the goods were delivered and which it contended were the contracts in the case upon which suit should have been brought, but where it appeared that the writings were not orders but simply confirmations of sales, sent out by plaintiff in accordance with the usual business custom to acknowledge orders received, whether verbally or in writing, and where there was nothing in the affidavit to show whether the orders which had been given were in writing or merely verbal, the court properly entered judgment for want of a sufficient affidavit of defense for the amount claimed, less the excess over the contract price defendant claimed it was obliged to pay to procure in the market goods in place of those not delivered. 4. In such case a counter-claim for damages resulting from the closing of the defendant’s mill because of plaintiff’s failure to deliver other materials ordered, was properly disallowed where there were no averments that plaintiff knew that his failure to deliver the materials would result in the stoppage of defendant’s mill, or that defendant was unable to procure other goods in the open market, or of anything to indicate special circumstances from which it could be inferred that the parties contemplated anything beyond tbe usual measure of damages resulting from breach of contract to deliver tbe goods.