What is the proper measure of damages for breach of warranty?
California, United States of America
The following excerpt is from Hart & Burns, Inc. v. Robinson, 129 Cal.App.2d 536, 277 P.2d 473 (Cal. App. 1954):
The proper measure of damages here is that set forth in Subdivision (6) of Section 1789 of the Civil Code, which provides: 'The measure of damages for breach of warranty is the loss directly and naturally resulting in the ordinary course of events from the breach of warranty.' Subdivision (7) of that section does not fit such circumstances as here appear, as pointed out in the decision in Shearer v. Park Nursery Co., 103 Cal. 415, 37 P. 412.
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