Wigg v. Executors of Garden

The Court (present, Rutledge, Ch. J. Grimke, J. Waties, J. and Bay, J.)

stopped him, and said it had been determined over and over again, that in all cases where a bond or agreement is entered into for the delivery of a specific thingy the true measure of damages was the value of the thing at the time it was to be delivered. The case of Davis v. The Executors of Richardson, was full in point, and had been decided on wise and legal principles; and many others since.

Rule discharged,