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United States substantial performancemeasure of damages

Jacob & Youngs v Kent

230 N.Y. 239, 129 N.E. 889 (1921)
JurisdictionUnited States
CourtNew York Court of Appeals
Year1921
StatusBinding authority

Key Principle

Where a builder substantially performs a construction contract and the breach (here using non-Reading pipe of equal quality) is trivial, innocent and not wilful, the owner's damages are measured by the diminution in value, not the cost of replacement, and the builder may recover the contract balance.

Area of Law

contract

Related Cases

ProCD Inc v Zeidenberg 86 F.3d 1447 (7th Cir. 1996)
Sullivan v O'Connor 363 Mass. 579, 296 N.E.2d 183 (1973)
Williams v Walker-Thomas Furniture Co 350 F.2d 445 (D.C. Cir. 1965)

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