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Groves v. John Wunder Co. (1939), 286 N.W. 235 (Minn. S.C.)


D was to remove gravel and leave land levelled. D breached contract deliberately. Land not levelled. Cost to perform would be $60 000, land levelled is worth $12 260


Is the measure of lost the cost of performance or difference of value in the land?


Majority: Should be held to your contract no matter what the economic inefficiencies are – unless economic waste (this is the limit)
Dissent: Should not fulfill a contract when it is economically inefficient (MORE PERSUASIVE)


Majority: Correct remedy is the cost of remedying the defect = performance.
Dissenting: To give plaintiff more money is to go beyond what parties had in mind = Overcompensation.

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