Opinion
Gen. No. 40,993. (Abstract of Decision.)
Opinion filed April 10, 1940
AUTOMOBILES AND MOTOR VEHICLES, § 20 — measure of damages, breach of sales contract. In action for breach of contract to sell an automobile, lower court improperly awarded plaintiff the difference between $152.50, the amount plaintiff was to pay in addition to his old car for a 1937 model, and $325, the amount he subsequently paid in addition upon a 1938 model, because measure of damages should have been difference between contract price and market value at time of breach of contract.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. FRANK E. DONOGHUE, presiding.
Reversed and remanded. Heard in third division, first district, this court at October term, 1939.
Immenhausen Banovitz, for appellants;
Meyer C. Balin, of counsel;
Stephen T. Powers, for appellee;
F. Frank Leali, of counsel.
"Not to be published in full." Opinion filed April 10, 1940.