Colby v. Reed - 99 U.S. 560 (1878)


U.S. Supreme Court

Colby v. Reed, 99 U.S. 560 (1878)

Colby v. Reed

99 U.S. 560

Syllabus

1. Unless the contract so provides, the demand of one of the parties thereto that the other shall perform his agreement need not be in writing.

2. Where the amount to which the plaintiff is entitled is clear, an action by him for a breach of the contract will not be defeated solely on the ground that his demand upon the defendant was in excess of that amount.

3. In such an action, the court cannot, unless so authorized by statute, compel the plaintiff to accept, in mitigation of damages, when tendered to him by the defendant in open court, the property for the nondelivery of which the action was brought.

The facts are stated in the opinion of the Court.

Page 99 U. S. 561



Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.