Tuesday, December 3, 2013

Groves v. John Wunder Co. case brief

Groves v. John Wunder Co. case brief summary
286 N.W. 235 (1939)

Plaintiff appealed from the order of the District Court for Hennepin County (Minnesota) concerning the damages awarded to him against the defendants in a breach of contract claim.

Defendants agreed to remove sand and gravel and leave the property at a uniform grade, substantially the same as the grade that existed at the roadway. Defendants breached the contract deliberately by removing the richest and best of the gravel and failed to perform and comply with the terms of the lease. Plaintiff was disappointed in the sum that he received for a breach of contract claim and appealed the ruling.


  • The court held that a new trial was in order because the cost of remedying the defect was the amount awarded in compensation for failure to render the promised performance. 
  • The defendants were liable to the plaintiff for the reasonable cost of doing what the defendants promised to do and willfully declined to do.

The court reversed the ruling with a new trial to follow because the plaintiff was entitled to an amount from the defendant equal to compensation for failure to render the promised performance.

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