
    Abraham Seckel, Respondent, v. Nathan Siff, Appellant.
    (Supreme Court, Appellate Term,
    November, 1900.)
    Measure of damages — On failure to deliver chattels.
    The measure of damages for a failure to deliver personal property is the difference between the contract price and that in open market.
    
      Proof, that the plaintiff had to pay more for the goods than the defendant had contracted to sell them for, does not establish any measure of damages.
    Appeal from a judgment of the Municipal Court of the city of New York, borough of Manhattan.
    W. Klingenstein, for appellant.
    M. Meyer, for respondent.
   Per Curiam.

This action was brought to recover damages for breach of contract in failure to deliver certain personal property.

There is.no evidence of damage. The fact that the plaintiff’s assignor was compelled to pay more for the goods than the defendant had contracted to sell them for does not establish the measure of damages.

The measure of damages was the difference between the contract price and. the price of the goods in open market. The evidence does not show this price.

Judgment reversed and new trial ordered, with costs.

Present: Truax, P. J.; Soott and Dugro, JJ.

Judgment reversed and new trial ordered, with costs.  