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" He may keep the property as his own, and recover the difference between the market price at the time and place of delivery and the contract price": Dustan v. "
Michigan Reports: Cases Decided in the Supreme Court of Michigan - 439. lappuse
autors: Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, James M. Reasoner, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, Richard W. Cooper - 1917
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Reports of Cases in Law and Equity, Argued and Determined in the ..., 74. sējums

Georgia. Supreme Court - 1886 - 990 lapas
...pay a certain price for it, and then refuses to take it. and pay for it, then the seller may keep it as his own and recover the difference between the...time and place of delivery and the contract price, as the measure of damages for the buyer's breach of the contract. Such is the law. Benjamin on Sales,...
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Cases Decided in the Court of Claims of the United States, 65. sējums

United States. Court of Claims - 1925 - 828 lapas
...of the vendee, and recover the difference between the contract price and the price obtained on such resale; or (3) he may keep the property as his own...time and place of delivery and the contract price." WUliston on Sales, vol. 2, sec. 555, p. 1385. This statement of the law has been often quoted with...
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Cases Decided in the Court of Claims of the United States, 61. sējums

United States. Court of Claims - 1926 - 1122 lapas
...contract. This delivery covered 176 tons (351,900 pounds), which, after delivery, were paid for. V. The difference between the market price, at the time and place of delivery fixed by the contract, and the contract price for the undelivered portion of the bran amounted to $2,281.36....
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Annual Report of the Corporation of the Chamber of Commerce, of ..., 19. sējums

New York Chamber of Commerce - 1877 - 478 lapas
...recover the difference between the contract price and the sum realized on the sale ; or, 3. He could keep the property as his own, and recover the difference...market price at the time and place of delivery, and ihe contract price. (POLLEN vs. LE Roy, 30 NY 556; DUSTAN vs. McAnDREW, 44 Jf. Y. 72 ; BRIDGEFORD vs....
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Albany Law Journal, 44. sējums

1892 - 554 lapas
...and recover the difference between the contract price and the price obtained on such resale ; (3) or he may keep the property as his own, and recover the difference between market price and the contract price. This formulary seems to have crept into several text-books, receiving...
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The Practice at Law: In Equity, and in Special Proceedings, in ..., 2. sējums

William Wait - 1873 - 950 lapas
...of the vendee, and recover the difference between the contract price and the price obtained on such resale ; or (3) He may keep the property as his own,...market price at the time and place of delivery and the market price. Dustan v. McAndrew, 44 NY (5 Hand) 72 ; affirming SC, 10 Bosw. 130. e. Election between...
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The Central Law Journal, 46. sējums

1898 - 562 lapas
...price ; or may sell the property as agent for the vendee and recover any deficiency resulting ; or may keep the property as his own and recover the difference between contract price at the time and place of delivery. In order, however, to make the first remedy available,...
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The American Law Register, 15. sējums

1876 - 816 lapas
...vendee, recover the difference between the contract price and the price obtained on such resale. " 3. He may keep the property as his own and recover the difference between the market price nt the time and place of delivery and the contract price.'" But the case actually decided was one of...
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A Treatise on the Law of Sale of Personal Property: With References to the ...

Judah Philip Benjamin - 1877 - 984 lapas
...vendee, and recover the difference between the contract price and the price of resale ; (e) or 3d, He may keep the property as his own and recover the...time and place of delivery and the contract price, (e1) § 789. Where an unpaid vendor, after delivery of the goods to the buyer, tortiously retakes and...
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The Federal Reporter, 80. sējums

1897 - 1040 lapas
...the vendee, and recover the difference between the contract price and the price of resale; or, third, he may keep the property as his own. and recover the...time and place of delivery and the contract price.' " See, also, the American cases cited by the American editors on page 775 of Bennett's Edition of Benjamin...
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