BABBITT v. WIDES MOTOR SALES CORP.


17 Misc.2d 889 (1959)

Sara Babbitt, Appellant, v. Wides Motor Sales Corp., Respondent.

Supreme Court, Appellate Term, Second Department.

April 9, 1959.


Attorney(s) appearing for the Case

Weinberg & Jacobowitz (Lois M. Sulman of counsel), for appellant.

Koss & Fox (J. Lewis Fox of counsel), for respondent.

Concur — PETTE, DI GIOVANNA and BENJAMIN, JJ.


Per Curiam.

While appellant was not entitled to recover her deposit of $100 after she breached her agreement to accept the automobile she contracted to purchase, respondent failed to prove the proper measure of damages for such breach. The measure of damages for a purchaser's failure to accept a car is the difference between the contract price and the market value at the time and place of delivery, in the absence...

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