Minnesota Supreme Court
286 N.W. 235 (1939)
S.J. Groves & Sons Company (Groves) (plaintiff) maintained a plant for processing gravel on the twenty-four acre plot of property it owned which contained stores of sand and gravel. John Wunder Co. (Wunder) (defendant) operated a similar business nearby and entered into a seven-year lease agreement with Groves. Under the lease, Wunder contracted for seven years’ right to excavate sand and gravel from Groves property and for the transfer of Groves’ screening plant. In exchange, Wunder paid Groves $105,000 and agreed to remove the soil displaced in the course of processing the sand and gravel to bring the grade of the property level with the roadway. Although not part of the written agreement, Wunder also benefitted from the lease because Groves was eliminated as a competitor in the sand and gravel industry. When Wunder breached the agreement by removing only the gravel and not the excess soil which left Groves’ property uneven and not at the agreed grade, the cost of completing this performance would have been over $60,000. Groves argued that this should be the measure of his damages. However, had Wunder performed as agreed, the value of the property would have been $12,160. The trial court determined damages as the difference between the property at the time of contracting and its value if Wunder had performed. Groves appealed on the issue of damages.
Rule of Law
Holding and Reasoning (Stone, J.)
Dissent (Olson, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 240,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.