118 Mass. 242 | Mass. | 1875
The expression in the contract, by which the defendants agreed to purchase the Cawnpore buffalo hides with
The defendants further contend that the rule of damages given by the court, which was the contract price, deducting therefrom the net proceeds of the auction sale of the hides made by the plaintiffs, was erroneous. But by no other rule would the plaintiffs have been indemnified for their loss by the non-compliance of the defendants with their contract. They were not obliged to keep the goods, and if they sold them, the expenses of such sale constitute a charge upon them caused by this non-compliance, whether it was a private sale or one by auction. Of the intention of the plaintiffs to sell at auction the defendants were notified ; it does not appear to have been an unusual mode of disposing of such goods; and having violated their contract, the defendants cannot complain of the expenses which have thus been occasioned. Exceptions overruled.