Contract Breach Damages for Partial Non-Delivery

A seller entered into a contract to deliver a specific quantity of a commodity, but failed to deliver the full amount, resulting in the buyer suffering losses due to the price increase in the market. The buyer sought damages for the shortfall, arguing the seller breached the contract by non-performance. The court overturned the lower court's ruling, holding that when a contract for the sale of a specific thing is not fully executed, the defaulting party is liable for damages measured by the difference between the contract price and the market price at the time and place the delivery was due, as this difference directly reflects the loss sustained by the non-defaulting party due to the non-delivery.