United States substantial performancemeasure of damages

Jacob & Youngs v Kent

230 NY 239 (1921)

JurisdictionUnited States

CourtNew York Court of Appeals

Year1921

StatusBinding authority

Key Principle

Cardozo J held that substantial performance of a construction contract entitles the contractor to payment less damages measured by the diminution in value, not the cost of replacement, where the breach is trivial and innocent.

Area of Law

contract

Related Cases

ProCD Inc v Zeidenberg 86 F.3d 1447 (7th Cir. 1996)

Sullivan v O'Connor 363 Mass. 579 (1973)

Williams v Walker-Thomas Furniture Co 350 F.2d 445 (D.C. Cir. 1965)

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