WHEN a contract of sale has been broken by the buyer, before title has passed according to the usual rules of presumption, there arises the very practical question whether the seller can sue him for the purchase price, as such, or is limited to a suit for damages only. In the latter case his damage may happen to equal the purchase price, but it is usually considerably less than that amount. If the seller can recover the purchase price, as such, it must be because that price is legally due him as a consequence of the contract. The ultimate inquiry is, therefore, whether the buyer's promise to pay the purchase price, of itself creates an enforcible obligation to pay it; or, if the promise itself does not do so, whether the seller can create such obligation by further action on his own part alone. The cases actually arising out of contracts of sale are in conflict, and it is, therefore, of more than academic value to examine the background and analogies of the matter
Waite, John B. (1912-1951). "The Seller's Action for the Price." Mich. L. Rev. 17, no. 4 (1919): 283-93.