Oxley contracts to buy a pizza oven from Restaurant Supplies Warehouse (RSW) for $2,500, but RSW fails to deliver. Oxley buys the appliance else-where for $3,500. Oxley's measure of damages is

Question

Quizplus · Accepted Answer

Oxley's measure of damages in this case is the difference between the contract price and the market price at the time and place where delivery was due, plus any incidental damages. Since RSW failed to deliver the pizza oven, Oxley had to purchase it elsewhere for $3,500, which is $1,000 more than the contract price of $2,500. Therefore, Oxley's measure of damages is $1,000 plus any incidental damages.

Oxley Contracts to Buy a Pizza Oven from Restaurant Supplies