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" Where there is an available market for the goods in question, the measure of damages, in the absence of special circumstances showing proximate damages of a greater amount, is the difference between the contract price and the market or current price... "
Laws Passed At... Session of the Legislative Assembly of the State of North ... - Page 277
by North Dakota - 1917
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Acts of the Parliament of South Australia

South Australia - Law - 1896 - 230 pages
...the buyer may maintain an action deUvcryagainst the seller for damages for non-delivery. Ib Bec 51 (2) The measure of damages is the estimated loss directly...naturally resulting, in the ordinary course of events, from the seller's breach of contract. (3) Where there is an available market for the goods in question...
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Journal of the Institute of Bankers, Volume 12

Institute of Bankers (Great Britain) - Banks and banking - 1891 - 840 pages
...goods to the buyer, the buyer may maintain an action against the seller for damages for non-delivery. (2.) The measure of damages is the estimated loss...naturally resulting [in the ordinary course of events] from the seller's breach of contract. (3.) Where there is an available market for the' goods in question...
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Report of the ... Annual Meeting of the American Bar Association, Volume 46

American Bar Association - Bar associations - 1921 - 1066 pages
...and pay for the goods, the seller may maintain an action against him for damages for non-acceptance. (2) The measure of damages is the estimated loss directly...naturally resulting, in the ordinary course of events, from the huyer's hreach of contract. (3) Where there is an availahle market for the goods in question,...
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Report of the ... Annual Meeting of the American Bar Association, Volume 37

American Bar Association - Bar associations - 1912 - 1266 pages
...received the goods. Second, to :°Pope vs. Ferguson, 33 Atl. Rep. 353. (From Commissioner Hardin.) " Where there is an available market for the goods in question, the measure of damages, in the absence of special circumstances showing proximate damages of a greater amount, la the difference...
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Atlantic Reporter, Volume 86

Law reports, digests, etc - 1913 - 1134 pages
...plaintiff's damages for the defendant's breach of contract, except as to the goods sold and delivered. It Is "the estimated loss directly and naturally resulting...course of events from the buyer's breach of contract" And, as the goods were to be manufactured and expense incurred by the plaintiff, the defendant was...
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The Atlantic Reporter, Volume 84

Law reports, digests, etc - 1913 - 1140 pages
...the contract, and that this Is not the rule which the court adopted. [1] It is well established that, where there is an available market for the goods in question, the measure of damages, in the absence of special circumstances showing proximate damages of a greater amount, is the difference...
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Lackawanna Jurist, Volume 26

Law - 1926 - 328 pages
...for the goods, the seller may maintain an action against him for damages for non-acceptance. "Second. The measure of damages is the estimated loss directly...ordinary course of events, from the buyer's breach of-contract. "Third. Where there is an available market for the goods in question, the measure of damages...
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The New York Supplement, Volume 195

Law reports, digests, etc - 1922 - 1052 pages
...seller is limited to an action against him for damages for nonacceptance. the measure of damages being the estimated loss directly and naturally resulting...course of events, from the buyer's breach of contract (Id. § 145, subds. 1 and 2, as added by Laws 1911, c. 571). The learned trial justice denied the motion...
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The New York Supplement, Volume 146

Law reports, digests, etc - 1914 - 1254 pages
...145 as added by Laws 1911, c. 571, declaring the measure of damages for nonacceptance of goods to be the estimated loss directly and naturally resulting...ordinary course of events from the buyer's breach, and that where there is no available market for the goods, the measure of damages, in the absence of...
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The New York Supplement, Volume 158

Law reports, digests, etc - 1916 - 1264 pages
...make delivery. The measure of damages is fixed by statute as follows (Personal Property Law, § 148) : "Where there is an available market for the goods in question, the measure of damages, in the absence of special circumstances showing proximate damages of a greater amount, is the difference...
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