Scottish Court of Session Decisions

Subject_1 DAMAGE AND INTEREST.

Paterson
v.
Keith of Bruxie

Date: 28 February 1745
Case No. No. 2.

Consequential damages fond not due.

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Keith of Bruxie sold Paterson wheat, deliverable at Borrowstounness, which he was to bring from England, and failed in performance. On the faith of this bargain Paterson sold the like quantity at an advanced price, deliverable at the same place, and failed also in performance. The baxters sued Paterson, and recovered as damages the difference betwixt the price sold at, and the current prices at the time of delivery, with the expense of process. Paterson sued Bruxie, and claimed of damages, 1mo, The difference betwixt the price in the contract, and that in the contract with the baxters; 2do, The damages he paid the baxters; 3tio, The expense of process that he paid the baxters; 4to, His own expenses in that process; 5to, The expense of this process. The Court gave him the difference betwixt the price in his own contract, and the current price when the wheat should have been delivered, which includes in it both the first articles; 2do, The expenses of this process; but they refused the third and fourth articles, as being consequential damages not connected with the contract.