Security Stove & Mfg.
Co. v. American Ry. Express Co.
227 Mo. App. 175, 51 S.W.2d 572 (1932)
Facts: The plaintiff hired the defendant
to transport a burner for a trade show.
The plaintiff told the defendant when he needed it to arrive. The defendant delivered one crucial box
late. The plaintiff sued for reliance damages
and recovered at trial.
Issue: What damages may the plaintiff
recover?
Rule: The plaintiff has the
option to recover reliance damages when expectation damages are too uncertain.
Analysis: The court says that the
application of expectation damages is a general rule that doesn’t hold in all
cases. Sometimes the injured party can
recover reliance damages even though this money would have been spent had the contract
been performed.
Conclusion: The judgment of the trial
court was upheld.
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