Jacob Orester, Respondent v. Dayton Rubber Manufacturing Company, Appellant

Summary

The New York Court of Appeals reversed the Appellate Division and ordered a new trial, holding that when a market price is unavailable the proper measure of damages for breach of a sales contract is the plaintiff's ordinary net profit, not the gross profit, and that the trial court erred in admitting the plaintiff's own selling price as evidence of market price while allowing the defendant's list price as limited evidence.