B. P. Ducas Co. v. Atteridge

Heard on jury trial Waived.

The testimony consisted of correspondence supplemented by oral evidence. The declaration seeks to recover loss of profits for an alleged breach of a contract made in New York. The measure of damages, is not disputed. It is set forth in Rhode Island General Laws, Chap. 265, Section 1, Sub-section 4, which is the same language used in the New York Sale of Goods Act.

The defence is,

First: That there was no material breach of the contract;

Second: That if any breach occurred, plaintiff waived it;

Third: That plaintiff failed to give notice of an election to rescind the contract; and

Fourth: That by cashing a certain check of the defendants, plaintiff accepted defendants proposed modification of the contract and that the contract as so modified has not been broken.

(Discussion)

Decision for plaintiff for $11,790.37.