As the plaintiff is the injured party, the fundamental inquiry is the value to him of the performance of the contract (which may be a different thing from the value to the general public) subject to the qualification which limits the defendant's liability to consequences which he might have foreseen when the contract was made.25 Thus, as has been said, if the plaintiff agreed to sell by description goods of his own manufacture for a certain price, and the defendant failed to take and pay for them, the value to be deducted from the price which the defendant promised to pay is the cost to the plaintiff of procuring the article, and if he can obtain it by manufacturing it himself for less than the market price, this lesser cost will be the proper deduction. So if the subject of the sale was a specific chattel having but slight market value, though having a greater value to the defendant, the smaller value is the only credit the defendant can claim as an offset to his own obligation to pay the price. On the other hand if the seller had broken the contract and the buyer had brought suit, the value of the goods for the purpose of damages would be their value to the buyer- the market price, or cost of securing other similar goods - not the seller's cost of manufacturing them.
23 See the following section. 24See infro, Sec.1347.
25 Supra, Sec. 1344.