Editing Bush v. Canfield
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'''Relevant Facts''': | '''Relevant Facts''': | ||
The defendant agreed to deliver to the plaintiff a certain amount of flour on a specific date. The plaintiff paid a deposit of 5,000 dollars, and agreed to pay the remainder at a later time. One the date of delivery arrive, the market value of the flour had dropped from $7 per barrel to $5.50 per barrel. The defendant then refused to deliver the flour. | The defendant agreed to deliver to the plaintiff a certain amount of flour on a specific date. The plaintiff paid a deposit of 5,000 dollars, and agreed to pay the remainder at a later time. One the date of delivery arrive, the market value of the flour had dropped from $7 per barrel to $5.50 per barrel. The defendant then refused to deliver the flour. | ||
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'''Procedural History''': | '''Procedural History''': | ||
The jury found a verdict for the plaintiff for 6,771 dollars in the deposit plus interest, to which the defendant appeals. | The jury found a verdict for the plaintiff for 6,771 dollars in the deposit plus interest, to which the defendant appeals. | ||
Whether the plaintiff was entitled to expectancy damages or restitution damages. | |||
'''''Issues''': <br />'' | |||
''Whether the plaintiff was entitled to expectancy damages or restitution damages.'' | |||
'''Holding/Decision''': | '''Holding/Decision''': | ||
Judgment affirmed, new trial not to be granted. | Judgment affirmed, new trial not to be granted. | ||
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'''Rules''': | '''Rules''': | ||
The true measure of damages is what will completely indemnify the plaintiff for the breach of the engagement, which in this case is returning all that has been paid. | The true measure of damages is what will completely indemnify the plaintiff for the breach of the engagement, which in this case is returning all that has been paid. | ||
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'''Dissent''': | '''Dissent''': | ||
A fallacy has existed in not ascribing the loss to the right cause, it did not arise from the non-performance of the defendant. | A fallacy has existed in not ascribing the loss to the right cause, it did not arise from the non-performance of the defendant. | ||
