258 Pa. 427 | Pa. | 1917
Opinion by
The plaintiff was a commission merchant doing business in the City of New York; the defendant, a chartered charitable institution located in the City of Philadelphia, supporting and giving employment to persons blind and indigent. One branch of industry in which the inmates of this institution are employed is the making of brooms. On the 16th of April, 1913, the plaintiff gave to
Upon a breach of contract by a vendor in failing to furnish his vendee goods contracted for, the latter is entitled to recover compensation for his loss, and that loss is measured by the difference in market value of the goods the vendor had contracted to furnish and the contract price which he had agreed to accept. The law is not concerned to inquire whether the vendee supplied from other sources the goods the vendor had agreed to furnish, nor does it concern the vendor. The measure of damage is not conditioned on any such circumstances. Except where special damages are claimed, the difference between the contract price and the market value at the time of the breach is the true measure of the damage, whether the vendee has purchased goods to take the place of those the vendor was to furnish or not. The plaintiff téstified to what this difference was. That of itself wás sufficient to carry the case to the jury. It would be for the jury to pass upon the sufficiency of'the evidence. The nonsuit was improperly ordered. The judgment is reversed with a procedendo: