
    UNITED STATES v. BURTON COAL COMPANY
    [60 C. Cls. 294; 273 U. S. 337]
    Judgment was rendered against the United States in the court below. On appeal the judgment was
    
      affirmed,
    
    the Supreme Court deciding:
    1. Where a buyer, in violation of an executory contract of sale, refuses to accept the commodity sold, the seller may recover the difference between the contract price and the market value at the time when and at the place where deliveries should have been made.
    2. The application of this rule is not affected by the fact that the seller relied on or intended procuring the commodity sold through contracts with third persons under which he would have been obliged to pay more than the market price existing when his purchaser refused to accept deliveries.
   Mr. Justice Butlek

delivered the opinion of the Supreme Court February 21, 1927.  