contract's termination date, ten such deliveries should have been made or a total of 3,500 bags. Therefore damages should be based on the difference between the market price and the contract price of 3,500 bags of potatoes. Defendant argued, that plaintiff's damages should be limited to his cover, i.e., the difference between the price which Taylor's paid for substitute potatoes and the contract price for the potatoes.
The law is clear that while a party is under no obligation to effect cover, if he does so, he may recover as damages only the difference between the cost of his cover and the contract price. Delmont Gas Coal Co. v. Diamond Alkali Co., 275 Pa. 535, 119 A. 710 (1923). The difficulty in this case was that while plaintiff claimed that it was entitled to 3,500 bags of potatoes, it effected cover only as to 1,433 1/2 bags. Damages in accordance with plaintiff's contention total $10,500. Under defendant's theory damages total $4,225.50.
We limited plaintiff's recovery to the difference between the cost of Taylor's cover of 1,433 1/2 bags of potatoes and the price under the breached contract. We concluded that the contract did not strictly call for the delivery of 350 bags of potatoes every ten days. This conclusion was based on the following factors:
(1) The portion of the contract which referred to that quantity of potatoes called for delivery of approximately 350 100 lb. bags every ten days;