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Contracts Keyed to Summers
Groves v. John Wunder Co.
Citation:
205 Minn. 163, 286 N.W. 235
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
S.J. Groves & Sons Company (“Groves”) (plaintiff) owned a tract of land that contained large deposits of sand and gravel. Pursuant to its contract with Groves, John Wunder Company (“Wunder”) (defendant) agreed to remove the sand and gravel from Groves’ property over the term of seven years. In doing so, Wunder also agreed to leave the property at a uniform grade level with the roadway. Wunder, however, deliberately breached the contract and removed “the richest and best of the gravel,” which left the tract of land rugged and uneven. The cost for Wunder to complete performance of the contract would be $60,000. But the market value of the property if Wunder had completed performance would have only been $12,160. Groves sued Wunder for damages.
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