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Contracts Keyed to Dawson
Peevyhouse v. Garland Coal Mining Co.
Citation:
382 P.2d 109, 1962 OK 267 (1962)Facts
In 1954, Willie and Lucille Peevyhouse leased their farm, which contained coal deposits, to Garland Coal Mining Company for a five-year period. The lease contemplated strip-mining operations and included specific provisions requiring Garland to perform certain remedial and restorative work at the end of the lease period. This work would have involved moving many thousands of cubic yards of dirt at an estimated cost of $29,000. When the lease expired, Garland had fulfilled all obligations except for the promised remedial work. The Peevyhouses sued for $25,000 in damages. At trial, expert testimony established that the cost of performance would be approximately $29,000, while the diminution in value of the property due to non-performance was only about $300. The jury awarded the Peevyhouses $5,000 in damages.
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