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Contracts Keyed to Dawson
Illinois Central R.R. Co. v. Crail
Citation:
281 U.S. 57, 50 S.Ct. 180Facts
Crail, a coal dealer, purchased a carload of coal weighing 88,700 pounds with the intention of adding it to his stock of coal for resale. At the time of delivery the shipment was 5,500 pounds short. Crail suffered no lost sales due to the shortage nor did he replace the shortage. The wholesale value for a carload shipment of coal at 60,000 pounds or more was $5.50 per ton plus freight. Retail value for a less than carload lot was $13 per ton plus $3.30 for freight. Crail brought suit against Illinois Central for nondelivery of the coal. The trial court awarded Crail the retail value for the missing coal. Illinois Central appealed. Crail argued on appeal that the proper measure of damages for the shortage is the actual cost to replace the exact amount of the shortage, meaning the retail value of a less than carload shipment.
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