BREACH OF CONTRACT.—DAMAGES

SUPERIOR COURT, Montreal, 18th september 1872. Present : TORRANCE, J.

LAFLAMME vs LEGAULT dit DESLAURIERS.

Held : That the damage for breach of contract, is to be estimated by the price at the time the contract Was broken.

TORRANCE, J.: This was an action of damages, arising from the breach of a contract for the delivery of a quantity of wood. The plaintiff claimed large damuages, from not having the wood in the winter, when the price rose very high. This pretension could not be sustained, The rule was well established that the dumage was to be estimated by the price at the time the contract was broken, -The wood was deliverable in july 1871, and defendant said that he was liable only for $1 a cord, for the 22 cords not delivered ; #1 being the difference in price at the time he failed to deliver. The court would sustain the plea, and give judgment for 22, with costs, as in an action ex parte For that amount. (3 R. C., 72).