Stein v. Tip-Top Baking Co., 267 U.S. 226 (1925)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 267 U.S. 222, click here.

Stein v. Tip-Top Baking Company

No. 177

Submitted January 14, 1925
Decided March 2, 1925
267 U.S. 226

ERROR TO THE DISTRICT COURT OF THE UNITED STATES

FOR THE WESTERN DISTRICT OF KENTUCKY

Syllabus

In an action in the district court between citizens of different states wherein plaintiff seeks to recover the agreed price of goods which defendant agreed to buy but refused to accept, and where plaintiff alleges that, upon defendant’s refusal, plaintiff rescinded the contract and, in his own right, retook the goods, which then had no value and could not be sold, and a year later, when they had acquired value, resold them as his own to a third person for a price alleged, the price received at the resale is not to be deducted from the plaintiff’s demand in determining whether the jurisdictional amount is in controversy. P. 227.

Reversed.

Error to a judgment of the district court dismissing an action on contract for want of jurisdiction.