Hyde v. Mechanical Refrigerating Co.

144 Mass. 432 | Mass. | 1887

Holmes, J.

If a refrigerating company undertakes to store apples at a temperature below a certain height, decay caused, as it was shown to be in this case, by the temperature being allowed to reach a much greater height, is the specific consequence which the contract was made to prevent; and, if the decay causes a diminution of market value, such diminution may be considered as an element of damage. Exceptions overruled.