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