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Schiavi Mobile Homes, Inc. v. Gironda

Maine Supreme Judicial Court
463 A.2d 722 (1983)


On January 23, 1979, Frank Gironda, Jr. and Patricia Gironda (defendants) signed a contract to purchase a mobile home from Schiavi Mobile Homes, Inc. (Schiavi) (plaintiff) for $23,028.69. The defendants paid a deposit of $1,000.00 but later breached the purchase contract. An agent of Schiavi contacted Frank Gironda, Jr.’s father, Frank Gironda, Sr., to determine whether his son still intended to purchase the mobile home. Gironda, Sr. indicated that, if his son could not be found, he was willing to pay the purchase price to avoid forfeiture of his son’s $1,000.00 deposit. Although Gironda, Sr. did not have the money at the time, he owned property that he was willing to mortgage in order to make the payment. Schiavi’s agent stated that this would not be necessary. On November 7, 1979, Schiavi sold the mobile home to a third party for $22,000.00. Schiavi then sued the defendants for $4,800.00 in lost profits and interest expenses. The Oxford County Superior Court awarded Schiavi $759.45 in damages, notwithstanding the fact that Schiavi could have obtained the full purchase price from Gironda Sr. The Superior Court held that Schiavi had not failed to mitigate its damages because Gironda, Sr.’s offer to pay was conditional and vague. The defendants appealed.

Rule of Law


Holding and Reasoning (Nichols, J.)

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