Bush v. Canfield

Relevant FactsThe 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.Procedural HistoryThe jury found a verdict for the plaintiff for 6,771 dollars in the deposit plus interest, to which the defendant appeals.''''IssuesWhether the plaintiff was entitled to expectancy damages or restitution damages.''''Holding/DecisionJudgment affirmed, new trial not to be granted.RulesThe 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.DissentA fallacy has existed in not ascribing the loss to the right cause, it did not arise from the non-performance of the defendant.