Dean v. Woodbridge

Connecticut Superior Court

Dean v. Woodbridge

1 Root 191

Connecticut Superior Court·Decided March 15, 1790·Published

Opinion

The duty of the defendant to deliver the goods arises upon a demand being made; and the breach which subjects him to damages, consists in not delivering them when demanded; and this action is not for the goods, hut for damages, to compensate for the breach of the contract; which could not have happened until demand' was made. Besides if this action is maintainable without a demand such an obligation would be the same as a note for money.

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The duty of the defendant to deliver the goods arises upon a demand being made; and the breach which subjects him to damages, consists in not delivering them when demanded; and this action is not for the goods, hut for damages, to compensate for the breach of the contract; which could not have happened until demand' was made. Besides if this action is maintainable without a demand such an obligation would be the same as a note for money.

Dean v. Woodbridge, 1 Root 191 (Colo. Ct. App. 1790).

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