Pillgrene v. James J. Paulman, Inc.

Superior Court of Delaware

Pillgrene v. James J. Paulman, Inc.

71 A.2d 59, 45 Del. 225, 6 Terry 225, 1950 Del. Super. LEXIS 122

CourtSuperior Court of Delaware

DecidedJanuary 30, 1950

Docket247

StatusPublished

Cited by1 cases

This text of 71 A.2d 59 (Pillgrene v. James J. Paulman, Inc.) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pillgrene v. James J. Paulman, Inc., 71 A.2d 59, 45 Del. 225, 6 Terry 225, 1950 Del. Super. LEXIS 122 (Del. Ct. App. 1950).

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Opinion

Carey, Judge.

While there is respectable authority to the contrary, it is my opinion that the plaintiff’s recovery in this case should be the value of the car on the date he lost possession of it, with interest. 3 Williston on Sales (Rev.Ed.) 383 and cases therein cited. The purpose of compensatory damages is to place the buyer in • a.s, *226 good condition as he would have occupied had the title been good. The rule herein followed seems more in keeping with that purpose than the contrary principle. Of course, any discussion of the right to .recover items of consequential damage, such as the expense of defending the title, is beyond present needs.

The charge to the jury respecting damages was in accordance with the foregoing opinion.

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Carey, Judge.

While there is respectable authority to the contrary, it is my opinion that the plaintiff’s recovery in this case should be the value of the car on the date he lost possession of it, with interest. 3 Williston on Sales (Rev.Ed.) 383 and cases therein cited. The purpose of compensatory damages is to place the buyer in • a.s, *226 good condition as he would have occupied had the title been good. The rule herein followed seems more in keeping with that purpose than the contrary principle. Of course, any discussion of the right to .recover items of consequential damage, such as the expense of defending the title, is beyond present needs.

The charge to the jury respecting damages was in accordance with the foregoing opinion.

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Bluebook (online)

71 A.2d 59, 45 Del. 225, 6 Terry 225, 1950 Del. Super. LEXIS 122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pillgrene-v-james-j-paulman-inc-delsuperct-1950.

Opinion

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