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Publisher Description

The opinion of the court was delivered by HEHER, J. Plaintiff sued to recover damages for the alleged breach of a contract (the date of the asserted contractual undertaking is not specified) for the sale and delivery by defendant to it of ""four Used Rotary Baking Ovens * * * on or before May 15th, 1937."" It was pleaded that the delivery ""date"" thus ""designated was agreed to be of the essence of the contract for the benefit and advantage of both parties, in that, first, the defendant was in the process of erecting a new baking oven and required the space occupied by those sold to plaintiff, and in that, second, plaintiff, in reliance upon defendant's agreement to deliver by such date, was about to and in the process of reselling at a profit to a third party for delivery immediately thereafter, of which facts said plaintiff and said defendant apprised each other;"" that delivery was not made until July 24th, 1937, and that, in consequence thereof, plaintiff defaulted in the performance of a resale contract made with the third party, and thereby suffered special damages -- i.e., loss of profits on the resale contract, moneys paid by way of settlement of a claim for damages made thereunder, expenses incurred in effecting adjustment of the claim, loss of ""good will and future business of said customer,"" and the like.

GENRE
Professional & Technical
RELEASED
1939
January 13
LANGUAGE
EN
English
LENGTH
13
Pages
PUBLISHER
LawApp Publishers
SIZE
61.6
KB

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