Toto We're Home, LLC v. Beaverhome.com, Inc.
Appellate Division of the Supreme Court of the State of New York
754 N.Y.S.2d 334 (2003)
Relevant factsFree
Beaverhome.com (defendant) failed to timely deliver wood flooring Toto (plaintiff) had already paid $15,125 for, and Toto cancelled the order and immediately bought similar flooring elsewhere for $19,166; the trial court awarded Toto only the $15,125 price paid, denying the additional $4,041 spent on replacement cover.
IssueFree
Whether, if a seller fails to make a delivery, the buyer can sue for damages in the amount of the price paid the seller plus any additional amount the buyer paid to purchase substitution goods.