Cooper v. Clute
Supreme Court of North Carolina
93 S.E. 915 (1917)
Relevant factsFree
Clute (defendant) agreed to deliver 1,430 bales of cotton to Cooper (plaintiff) at 10 7/8 cents per pound, but instead sold the cotton to another purchaser at the slightly higher price of 11.03 cents per pound; the market value of the cotton at the time and place of breach was 10 7/8 cents per pound, matching the original contract price. The lower court ruled for Clute, and Cooper appealed, arguing he was entitled to the difference between the contract price and the higher price Clute actually received.
IssueFree
Whether a plaintiff is entitled to damages for breach of an executory contract for the sale of goods where the market price and the contract price of the goods are the same.