[sale of goods – damages, expectation – contract, breach of]

Davidson v. Palfield

Supreme Court of Van Diemen’s Land

Montagu J., 9 December 1840

Source: Hobart Town Courier, 11 December 1840

            This action was brought to recover damages for a breach of agreement. Defendant had agreed to furnish 150 bushels of wheat within a given period.

Robert Miller examined, said - I am overseer to Mr. Davidson; I engaged with him in March; I know the defendant; I have been in the habit of buying wheat; I told him at one time I would give him 8s. per bushel for 100 bushels; the answer was, he had sold that quantity at 11s. to Mr. Davidson; this was in the latter end of February; it was after that period I went into Mr. Davidson’s employ; Mr. D.was under the necessity of purchasing flour, on account of the non-fulfilment of the contract; this was about the 20th April; I had to pay 6d. per pound for flour then; the price of wheat was about 17s. per bushel; the flour that I purchased had 20 per cent. extracted; about the 8th May I gave 15s. per bushel; I could not get it cheaper; the cartage would make it 16s. or 17s.; I state the above as being the fair market price.

The counsel stated that the contract had been admitted for 100 bushels, and to be delivered by the 11th May, by the defendant.

His Honor told the jury, that the plaintiff was entitled to recover damages in the proportion of 11s. and 16s., the difference of price paid by the plaintiff for wheat, owing to the non-fulfilment of the contract.

Verdict, £25.