United States v. Burton Coal Co., 273 U.S. 337 (1927)

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United States v. Burton Coal Company

No. 100

Argued January 10, 1927
Decided February 21, 1927
273 U.S. 337

APPEAL FROM THE COURT OF CLAIMS

Syllabus

l. Where a buyer, in violation of an executory contract of sale, refuses to accept the commodity sold, the seller may recover the difference between the contract price and the market value at the time when and at the place where deliveries should have been made. P. 340.

2. The application of this rule is not affected by the fact that the seller relied on or intended procuring the commodity sold through contracts with third persons under which he would have been obliged to pay more than the market price existing when his purchaser refused to accept deliveries. P. 340.

60 Ct.Cls. 294 affirmed.

Appeal by the United States from a judgment of the Court of Claims allowing damages for breach of a contract to accept and pay for coal.