Peevyhouse v. Garland Coal Mining Co.
| Peevyhouse v. Garland Coal Mining Co. | |
| Court | Supreme Court of Oklahoma |
|---|---|
| Citation | 382 P.2d 109 (1962) |
| Date decided | |
Facts
Plaintiff contracted with defendant coal mining company to allow them to use plaintiff’s land in excavating a coal vein. In the contract, defendant specifically agreed to perform certain restorative and remedial work at the end of the contract. The work would involve moving many thousands of yards of dirt, a cost estimated to be about $29,000, while the improvement to the land was estimated at only $300.
Procedural History
Verdict for plaintiffs in the amount of $5,000, only a fraction of the cost of performance.
Issues
Whether the damages should be limited to the difference in the value of the land or to the cost of the remedial work defendant agreed to do.
Judgment for plaintiff for $300.
Reasoning
The cost of performance is the proper measure of damages if it does not involve unreasonable economic waste. Where the defect in material or construction is incidental to the main purpose of the contract and one that cannot be remedied without an expenditure for reconstruction disproportionate to the end to be attained, the value rule should be followed.
Dissent
The measure of damages should be the cost of performance because that is what the contract calls for and there is freedom of contract.
