MISSOURI FURNACE CO. V. COCHRAN
8 F. 463 (W.D. Pa. 1881)
NATURE OF THE CASE: This was a breach of contract action. Missouri (P) buyer, a furnace
company, sought review of the judgment, which entered a jury verdict against Cochran (D)
coal supplier, who had breached a coal sales contract with P. P filed a motion for a new
trial.
FACTS: Missouri (P) entered into a contract with Cochran (D) for the delivery of 36,621
tons of coke at $1.20 per ton. deliverable at the rate of nine cars of 13 tons per day.
After about 4,000 tons were delivered, D notified P that he was rescinding the contract. P
then made a contract with Hutchinson for the delivery of the 29,587 tons at a price of $4
per ton. P sued for the difference in price between the $4 and $1.20 price agreed upon. The
trial court refused to instruct the jury on anything but the market price difference as the
measure of damages from which the jury awarded $22,171.49. P moved for a new trial.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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