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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 of... "
The New York Supplement - Page 521
1916
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Acts of the Parliament of South Australia

South Australia - 1896 - 230 pages
...for the goods in question the measure of damages is primii fade to be ascertained by the difference between the contract price and the market or current...fixed, then at the time of the refusal to deliver. 51. In any action for breach of contract to deliver specific or Specific performance. ascertained goods...
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Journal of the Institute of Bankers, Volume 12

Institute of Bankers (Great Britain) - 1891 - 840 pages
...for the' goods in question the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current...fixed, then at the time of the refusal to deliver. 54. Trorcr or ilrtinve. Subject to the provisions of this Act, and of any statute in that behalf, where,...
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Report of the ... Annual Meeting of the American Bar Association, Volume 37

American Bar Association - 1912 - 1266 pages
...the absence of special circumstances showing proximate damages of a greater amount, la the difference between the contract price and the market or current...they ought to have been delivered, or, If no time be fixed, then at the time of the refusal to deliver. make carriers liable on order bills which they...
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Report of the ... Annual Meeting of the American Bar Association, Volume 46

American Bar Association - 1921 - 1066 pages
...ahsence of special circumstances snowing proximate damages of a greater amount, is the difference hetween the contract price and the market or current price...goods at the time or times when they ought to have heen delivered, or, if no time was fixed, then at the time of the refusal to deliver. SEC. 55. โ€”...
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Atlantic Reporter, Volume 84

1913 - 1140 pages
...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 of the goods at the time or times when, and at the place where, they ought to have been delivered ; but where there is no available market...
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Atlantic Reporter, Volume 105

1919 - 1050 pages
...under the Uniform Sales Act (article 83, ยง 88 of the Code) we think should have been "the difference between the contract price and the market or current price of the goods * * * at the time of the refusal to deliver"; there being no special circumstances showing proximate damages of a greater...
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Atlantic Reporter, Volume 83

1912 - 1148 pages
...The amount of the damages, therefore, which the plaintiff was entitled to recover, was the difference between the contract price and the market or current price of the ship plates at the time when they ought to have been delivered, unless the making of the subcontract...
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Pump Court: The Temple Newspaper and Review, Volume 9

1889 - 202 pages
...for the goods in question the measure of damages is j>rana/ae!c to be ascertained by the difference between the contract price and the market or current...fixed, then at the time of the refusal to deliver. '58. Trovcr< or detinue. โ€” Subject to the provisions of this Act, where, under a contract of sale,...
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The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1

James Mackintosh - 1892 - 300 pages
...for the goods in question the measure of damages is f/rimd facie to be ascertained by the difference between the contract price and the market or current...fixed, then at the time of the refusal to deliver. tried, the jury shall, if they find the plaintiff entitled to recover, find by their verdict (or if...
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The Sale of Goods Act, 1893: With Notes

Frank Newbolt - 1894 - 204 pages
...for the goods in question the measure of damages \sprima facie to be ascertained by the difference between the contract price and the market or current...fixed, then at the time of the refusal to deliver. available market. โ€” Where there is no market, see Gre'bert-Borgnis v. Nugent 6 (skins for French...
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