Logourl black
From our private database of 14,000+ case briefs...

S. J. Groves Sons Co. v. Warner Co.

United States Court of Appeals for the Third Circuit
576 F.2d 524 (1978)


Facts

S. J. Groves Sons Co. (Groves) (plaintiff) was hired to do concrete work for a large bridge project. Groves hired Warner Co. (Warner) (defendant) to supply the ready-made concrete to the construction site. Warner was supposed to deliver the concrete in the mornings to allow the bridge crew to work on other aspects of the project in the afternoons. Warner, however, regularly did not deliver the concrete on time or in large enough amounts. These issues meant Groves had to pay overtime to keep the project on schedule. Warner reassured Groves that the deliveries would improve, but the problems continued for a year. At that point, the Trap Rock Company (Trap Rock) became available to supply the concrete and even offered to match Warner’s price. Nevertheless, Groves continued with Warner. Eventually, Groves sued Warner. The district court found that Warner had acted in bad faith by overcommitting itself to too many projects and adopting a policy of sending Groves concrete deliveries that were only 75 percent of the promised delivery amount. But the court also found that Groves had failed to fulfill its duty to mitigate damages by not using Trap Rock to supplement Warner’s concrete deliveries. As a result, the court awarded Groves damages for the first year but not after the time Trap Rock became available. Groves appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Weis, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. 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.

  2. 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 174,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 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.