Mendis & Co. V. The Holland Ceylon Commercial Co.

1921 Present: Schneider A.J.

MENDIS & CO. v. THE HOLLAND CEYLON
 COMMERCIAL CO.

151-C. R. Colombo, 76,844.

Sale of goods-Agreement to sell a certain quantity at a specified price- Agreement of seller with another person to supply the required quantity at a lower price-Refusal of buyer to accept Measure of damages

Plaintiff entered into a contract -with defendants to Sell and deliver a certain quantity of desiccated coconuts at 27 1/2 cents a pound. To cover Ms contract with defendants the plaintiff purchased from F at 19 cents a pound the quantity required. The defendants refused to take delivery of 2,730 pounds when F tendered the same. F refused to deliver the rejected quantity to the plaintiff. The plaintiff sought to recover from defendants as damages a sum of Rs. 232-05, being the profit which he might have made had the defendant not broken the contract

Held, that the measure of damages is governed by section 48 (3) of the Sale of Goods Ordinance of 1896. The fact that plaintiff did not have the goods with him (owing' to the refusal of 35" to deliver them to him), and that plaintiff could not, therefore

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