Citations
- 137 A.D. 541
Full opinion text
Houghton, J.:
The plaintiff is a jobber and manufacturing chemist and the defendants were engaged in the drug business. In March,-1906, the defendants gave to the plaintiff a written order for a large quantity of various kinds of perfumes, toilet waters, powders and creams' at specified prices per gross to be delivered monthly for the period of two years.. The various articles were to be put up in particular and specified packages and bottles, branded or labeled with defendants’ name, all of which'the.plaintiff was to furnish ready for retail'. The sachet powder, lavender and Florida waters and tooth and talcum powders were to be made of a special grade and quality especially for the defendants, and the perfumes and other articles were to be placed in receptacles for the retail trade from ordinary stock productions.
Shortly after the defendants gave their order the plaintiff, at- an expense of upwards of $2;000, purchased, the .necessary bottles, boxes and labels therefor, selected and approved by the defendants, and the defendants ordered shipped to them a portion of the goods and paid for the same. Thereafter, they canceled their' order and refused to accept any further goods, and the plaintiff, without- fur ther manufacturing or putting-up the articles, brought this action to recover-damages for such breach of contract.' The trial court allowed the plaintiff the amount which it had paid, for containers- and labels less the value of such containers as could be used for other customers, and also the difference between the cost to the plaintiff to produce the goods contracted for and the price which the defendants agreed to pay, which was found to be $2,590.44.
The principal question upon this appeal is whether the rule of damages adopted by the learned" trial court in allowing to the plain, tiff the profits which it would have made on its contract was correct, or whether the damage should be measured- by the difference between the market value of the articles which the defendants agreed to buy and the price which they agreed to pay.
The counsel for the respondent concedes that in an ordinary contract to purchase an article which has a market value the damage which the seller may recover from the buyer who refuses to complete his contract must be measured by the difference between the market and the contract price; but he insists that the present con tract