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John v. United Advertising Inc.

Colorado Supreme Court
439 P.2d 53 (1968)


Facts

Dwight John (plaintiff) hired United Advertising Inc. (United) (defendant) to erect seven outdoor signs advertising John’s motels for $95.00 per month. The agreement apportioned $35.00 of the monthly contract price to one of the signs and $10.00 of the monthly contract price to each of the six other signs. The agreement also included a term that stated that the termination of one part of the agreement would not affect any other part of the agreement. United failed to properly erect two of the signs. John brought suit seeking to recover $680.00 he had paid United under the contract. The trial court found that United’s breach concerning the two signs was a severable breach, and that $120.00 of the amount paid by John represented the money apportioned to those two signs. However, the trial court ultimately found that John failed to satisfactorily demonstrate any damages and dismissed his claim. John appealed to the Colorado Supreme Court.

Rule of Law

Issue

Holding and Reasoning (McWilliams, J.)

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