Burgess v. Curly Olney’s, Inc.

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Facts: Plaintiff ordered 3 harvesters for $2200 from Defendant and paid $200 down payment on Nov 30, 1973. Plaintiffs were to take delivery at Defendant's place of business. On Feb 20, 1974, Defendant notified Plaintiff that the $200 down payment would be returned, and then sold the 3 harvesters to someone else for $3400.

Proc. Hist: Plaintiff filed for damages, claiming damages in that Plaintiff could have sold property for $8000. (Plaintiff produced evidence of a potential sale of the harvesters for $8000.)

Issue: What damages are owed to Plaintiff by Defendants?

Holding: Just the $200 downpayment.

Reasons: There was no evidence that there was really another pending sale as claimed by Plaintiff.