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Pillgrene v. James J. Paulman, Inc.

Superior Court of Delaware, New Castle County

January 30, 1950

PILLGRENE
v.
JAMES J. PAULMAN, Inc.

Harold Leshem, of Wilmington, for plaintiff.

David B. Coxe, of Wilmington, for defendant.

CAREY, J., sitting.

CAREY, Judge.

While there is respectable authority to the contrary, it is my opinion that the plaintiff's recovery in this case should be the value of the car on the date he lost possession of it, with interest. 3 Williston on Sales (Rev.Ed.) 383 and cases therein cited. The purpose of compensatory damages is to place the buyer in as [45 Del. 226] good condition as he would have occupied had the title been good. The rule herein followed seems more in keeping with that purpose than the contrary principle. Of course, any ...


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