Tuesday, December 3, 2013

Bush v. Canfield case brief

Bush v. Canfield case brief summary
2 Conn. 485 (1818)

Defendant supplier appealed a judgment of the trial court (Connecticut), which ruled in favor of plaintiff buyers in their action for breach of contract. The supplier sought a new trial.

The buyers entered into a contract in writing with the supplier for the delivery of superfine wheat flour. Pursuant to the contract, the buyers advanced part of the purchase price. When the flour was not delivered, the buyers filed a breach of contract action. The trial court held that the buyers were entitled to damages in the amount of the sum advanced to the supplier, with interest from the time that the sum was paid.

The supplier sought review, arguing that the measure of damages ought to be the value of the flour at the time and place that the contract was to be performed, and not the money advanced.


  • The court did not grant a new trial. 
  • The court concluded that because the buyers were disappointed in their arrangements and the supplier had neglected his duty and retained the buyers' money, without consideration, the supplier was required to refund the money. 
  • According to the court, the judgment for the buyers was just.

The court refused to grant a new trial for the supplier in the former partners' breach of contract action.

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