Where the grounds for specific performance of the contract are absent, the remedy of the buyer for failure to deliver, is by an action at law for the actual damages suffered by the seller's default. The measure of damages, if we presuppose that the buyer has paid nothing on the contract in advance, is the difference between the contract price and the market price, with interest, on the difference in money, from the day that delivery was due.1 But to apply the rule just stated there must be a market value, or it must be possible to compute the amount to which the buyer is actually entitled. When goods have neither a market value, nor actual value, only nominal damages could be recovered.

If the parties had in mind other losses to the vendee, in case of failure on the part of the seller to deliver, and dealt in contemplation of this fact, it would be an added element to be considered in measuring the damages, as an added risk assumed by the seller. But the damage claimed must not be uncertain or remote.2