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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. "
The Southwestern Reporter - Sida 50
1910
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volym 74

Georgia. Supreme Court - 1886 - 990 sidor
...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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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volym 189

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1917 - 806 sidor
...purpose of the vendee, and recover the difference between the contract price and the price of resale; or (3) he may keep the property as his own and recover...time and place of delivery and the contract price." Benjamin on Sales (7th Am. Ed.), p. 820. In 1 Mechem on Sales, § 754, it is said : "Under a contract...
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Cases Decided in the Court of Claims of the United States, Volym 65

United States. Court of Claims - 1925 - 828 sidor
...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 and recover...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, Volym 61

United States. Court of Claims - 1926 - 1122 sidor
...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 ..., Volym 19

New York Chamber of Commerce - 1877 - 478 sidor
...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, Volym 44

1892 - 554 sidor
...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 All ..., Volym 2

William Wait - 1873 - 950 sidor
...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, and recover...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, Volym 46

1898 - 562 sidor
...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, Volym 15

1876 - 816 sidor
...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 sidor
...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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