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Decisions of the Superior Courts of New South Wales, 1788-1899

Wilkinson v. Macdougall [1839] NSWSupC 42

contract, breach of - damages, expectation

Supreme Court of New South Wales

Dowling C.J., 24 June 1839

Source: Sydney Herald, 26 June 1839[1] 

Wilkinson v. Macdougall. -- This was an action brought to recover compensation for a breach of agreement.  The plaintiff and defendant are both settlers in the neighbourhood of Maitland.  In the month of January, the defendant sold the plaintiff two hundred bushels of wheat at eight shillings per bushel, to be delivered early in January.  About half of the wheat only was delivered, and shortly afterwards it rose very much in price.  Verdict for the plaintiff, damages £34.



[1] See also Sydney Gazette, 27 June 1839, noting that the trial was heard before Dowling C.J.,  and Messrs Campbell and Dawes, assessors; and see Australian, 29 June 1839.

Published by the Division of Law, Macquarie University