Seller Non-Delivery Damages Calculation Date

The case concerned a dispute where a seller failed to deliver goods under a contract, leading the buyer to seek resolution through the courts for breach. The lower court ordered the seller to pay damages based on the market price difference between the contract date and the date of the judgment. The highest court quashed this decision, reasoning that the determination of damages resulting from non-performance of a sale contract must be based on the market price at the date the goods should have been delivered, or the date of delivery if later, not the date of the court's judgment, to correctly assess the prejudice suffered by the non-defaulting party.