Bush v. Canfield
|Bush v. Canfield
|Supreme Court of Errors
|2 Conn. 485 (1818)
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 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.
Judgment affirmed, new trial not to be granted.
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.
A fallacy has existed in not ascribing the loss to the right cause, it did not arise from the non-performance of the defendant.