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Reliance (P) and Treat (D) entered a written contract wherein D agreed to produce and delivery 300,000 staves not later than December 31, 1950. The price was $450 per thousand, f.o.b. freight cars. D by letter and over telephone apparently repudiated the contract. On October 6, 1950, P informed D by letter that they were not confident that D would perform and they would hold him to strict compliance with the contract. D never replied and delivered no staves to P. P sued D for damages. At the close of evidence, P requested a jury instruction that P was entitled to recover the difference between the contract price and the market price of similar staves on December 31, 1950. Evidence showed that the price of staves had steadily advanced from $525 per thousand to $625 per thousand toward the end of December. P objected to the jury instructions relating to the duty of P to mitigate damages. P got the verdict and damages of $500. P appealed.

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