Bush v. Canfield

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Bush v. Canfield
Court Supreme Court of Errors
Citation 2 Conn. 485 (1818)
Date decided 1818

Relevant Facts:

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.


Procedural History:

The jury found a verdict for the plaintiff for 6,771 dollars in the deposit plus interest, to which the defendant appeals.


Issues:

Whether the plaintiff was entitled to expectancy damages or restitution damages.


Holding/Decision:

Judgment affirmed, new trial not to be granted.


Rules:

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.


Dissent:

A fallacy has existed in not ascribing the loss to the right cause, it did not arise from the non-performance of the defendant.