• 2004 - Value of Property to [Buyer][Owner]
  • C-74.04
    • Contracts
    • Damages
    • Damages
    • Real Property
  • In determining damages for breach of an obligation to deliver property, [except when the property has a peculiar value to the person recovering damages for [its depreciation,] [its injury,]] the value of the property to the [buyer] [owner] deprived of its possession is the price at which the [buyer] [owner] could have bought equivalent property in the market nearest the place where the property ought to have been delivered and at such time after the breach of the obligation as would have enabled one with reasonable diligence to make such a purchase. * * * * *
    • 32-03-32
    • Bekken v. Equitable Life Assur. Soc. of US, 293 NW 200 (ND 1940)
    • Pickert v. Rugg, 46 NW 446 (ND 1890)
  • Notes: The bracketed clause should be used if NDJI C - 70.60, When Peculiar Value to Person Deemed Value, is given.