21-2-9. Damages for carrier's failure to deliver freight.
The detriment caused by breach of a carrier's obligation by failure to deliver freight, where he has not converted it to his own use, is deemed to be the value thereof at the place and on the day at which it should have been delivered, deducting the freightage to which he would have been entitled if he had completed the delivery.
Source: CivC 1877, §1963; CL 1887, §4596; RCivC 1903, §2308; RC 1919, §1980; SDC 1939 & Supp 1960, §37.1808 (2).
Structure South Dakota Codified Laws
Chapter 02 - Damages For Breach Of Contract
Section 21-2-1 - General measure of damages for breach of contract--Uncertain damages not recovered.
Section 21-2-2 - Damages for breach of obligation to pay money.
Section 21-2-3 - Damages for breach of agreement to convey real property.
Section 21-2-4 - Damages for breach of agreement to purchase real property.
Section 21-2-5 - Damages for breach of covenant in grant of real property.
Section 21-2-6 - Damages for breach of covenant against encumbrances.
Section 21-2-7 - Damages for breach of warranty of agent's authority.
Section 21-2-8 - Damages for carrier's failure to accept freight, messages or passengers.
Section 21-2-9 - Damages for carrier's failure to deliver freight.
Section 21-2-10 - Damages for carrier's delay in delivery of freight.