FavoriteLoadingSave to briefcase | Rating: | By (2012)

  • PrintEmail Link
  • Viewed 4,135 times | Saved to 418 briefcases
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.

Leave a Comment

You must be logged in to participate.

This document is a general discussion of certain legal and related issues and must not be relied upon as legal advice. This document may not have been written or reviewed by a legal practitioner. For more information, please see the website Terms of Service.