Marsh v. McPherson - 105 U.S. 709 (1881)
U.S. Supreme Court
Marsh v. McPherson, 105 U.S. 709 (1881)
Marsh v. McPherson
105 U.S. 709
1. The recital in the contract (infra, p. 105 U. S. 711), that the vendors "hereby deliver said machines at the places named in the list " to the vendee, passes to him the title and right of possession, but does not prove a delivery of actual possession.
2. If the machines were not delivered at the stipulated time and places, or were not then in a proper condition, proof that they were subsequently delivered, or that the vendee, after accepting them, permitted the vendors to make the requisite repairs and additions thereto, is admissible to reduce his damages for a breach of the contract.
3. In case of a total failure by tire vendors to perform the contract, the vendee is entitled to recover the amount wherewith he, at the time of the breach, could have purchased machines of equal value; if those delivered were defective, the measure of his damages is the actual cost of supplying the deficiency.
The case is stated in the opinion of the Court.