United States Supreme Court Cases & Opinions

U.S. Supreme Court

Stein v. Tip-Top Baking Co., 267 U.S. 226 (1925)

Stein v. Tip-Top Baking Company

No. 177

Submitted January 14, 1925

Decided March 2, 1925

267 U.S. 226

Syllabus

In an action in the district court between citizens of different states wherein plaintiff seeks to recover the agreed price of goods which defendant agreed to buy but refused to accept, and where plaintiff alleges that, upon defendant's refusal, plaintiff rescinded the contract and, in his own right, retook the goods, which then had no value and could not be sold, and a year later, when they had acquired value, resold them as his own to a third person for a price alleged, the price received at the resale is not to be deducted from the plaintiff's demand in determining whether the jurisdictional amount is in controversy. P. 267 U. S. 227.

Reversed.

Error to a judgment of the district court dismissing an action on contract for want of jurisdiction.

Page 267 U. S. 227