Cohn advertised a 30-foot sailboat for sale in The New York Times. Fisher saw the ad, inspected the sail-boat, and offered Cohn $4,650 for the boat. Cohn accepted the offer. Fisher gave Cohn a check for $2,535 as a deposit on the boat. He wrote on the check, "Deposit on aux sloop, D'arc Wind, full amount $4,650." Fisher later refused to go through with the purchase and stopped payment on the deposit check. Cohn readvertised the boat and sold it for the highest offer he received, which was $3,000. Cohn then sued Fisher for breach of contract. He asked for damages of $1,679.50.
This represented the $1,650 difference between the contract price and the sale price plus $29.50 in incidental expenses in reselling the boat. Is Cohn entitled to this measure of damages?

  • CreatedJuly 16, 2014
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