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Bush v. Canfield | 2 Conn. 485 (1818)
Restitution for breach of contract is an amalgam of two separate remedies. The first remedy is an action in quasi-contract, or implied contract in law, which is intended to prevent unjust enrichment. The other remedy is the injured party’s right of rescission, or cancellation, of the contract. In the famous 1818 case Bush versus Canfield, the Supreme Court of Errors of Connecticut considered a party’s right to rescission of a contract for the sale of wheat flour.
On February 20th, 1812, Judson Canfield agreed to deliver two thousand barrels of wheat flour to the partnership of Norton and Bush in New Orleans, Louisiana, at a price of $7 per barrel. Delivery was to be made on or before May 1st of that year. Bush paid $5,000 in advance for the flour and agreed to pay the remaining $9,000 at a later date. However, Canfield never delivered the flour to Norton and Bush.
Subsequently, Bush sued Canfield in superior court for breach of contract. During trial, it was proven that the price of flour in New Orleans on May 1st, 1812, was $5.50 per barrel. The court instructed the jury that if it found for Bush, the proper measure of damages was the $5,000 that Bush paid in advance to Canfield, plus interest.
The jury found for Bush and awarded him $6,771 in damages. Canfield then moved for a new trial, arguing that the judge improperly instructed the jury on damages. The superior court denied the motion, and Canfield appealed to the Supreme Court of Errors of Connecticut.
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