New York Court of Appeals

George Cahen, Respondent v. John R. Platt, Appellants

April 17, 187769 N.Y. 348

Summary

The Court held that a buyer who has accepted part of the goods cannot repudiate the entire contract and refuse the remaining balance, and that the seller's damages are measured by the difference between the contract price and the market price at the time and place of delivery. The judgment was reversed and a new trial was ordered.