Bush v. Canfield
Supreme Court of Errors
2 Conn. 485 (1818)
Canfield (defendant) agreed to deliver flour to Bush's partnership (plaintiff) by May 1 at $7.00 per barrel, and Bush paid $5,000 in advance toward the purchase; Canfield never delivered the flour. At trial, evidence showed flour's market price on May 1 had actually fallen to $5.50 per barrel — below the contract price — and the jury, instructed to award Bush's advance payment plus interest if it found for him, returned a $6,771 verdict. Canfield sought a new trial, arguing damages should instead be measured by the (lower) market price at the time of delivery.
Whether damages for breach of a delivery contract, where the buyer has already paid an advance, should be calculated by reference to the price of the goods at the time of delivery.