Missouri (P) entered into a contract with Cochran (D) for the delivery of 36,621 tons of coke at $1.20 per ton. deliverable at the rate of nine cars of 13 tons per day. After about 4,000 tons were delivered, D notified P that he was rescinding the contract. P then made a contract with Hutchinson for the delivery of the 29,587 tons at a price of $4 per ton. P sued for the difference in price between the $4 and $1.20 price agreed upon. The trial court refused to instruct the jury on anything but the market price difference as the measure of damages from which the jury awarded $22,171.49. P moved for a new trial.

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