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Golob v. George S. May International Co.

Citations: 468 P.2d 707; 2 Wash. App. 499; 1970 Wash. App. LEXIS 1153Docket: 99-40501-1

Court: Court of Appeals of Washington; April 27, 1970; Washington; State Appellate Court

Narrative Opinion Summary

In this case, the plaintiffs, a farming and cattle business, sought damages for breach of contract against a national management consulting firm. The dispute centered on the appropriate measure of recovery after the defendant failed to deliver promised consulting services. Despite a contract entailing specific management services, the defendant's partial performance was deemed insufficient and worthless, leading to a claim for damages equivalent to the cost of the unfulfilled work. The trial court found that the defendant failed to provide several key services, rendering the completed portions of the contract valueless. The court upheld the notion that the contract was an indivisible whole, requiring the completion of all specified services. The defendant’s argument regarding the plaintiffs' duty to mitigate damages was rejected due to insufficient evidence of avoidable loss. The court concluded that the plaintiffs were entitled to restitution, allowing them to recover payments made under the breached contract. The ruling emphasized the necessity of restoring the plaintiffs to their original position and reinforced principles of contract law and restitution, ultimately affirming the trial court's judgment in favor of the plaintiffs.

Legal Issues Addressed

Breach of Contract and Measure of Damages

Application: The court applied the measure of damages by assessing whether the contract had been substantially fulfilled and deemed incomplete work as 'worthless,' thus supporting the plaintiffs' claim for damages based on non-performance.

Reasoning: The trial court determined that while the contract had been partially performed, it remained substantially unfulfilled, rendering the completed portions worthless.

Defendant's Burden to Prove Mitigation of Damages

Application: The defendant failed to demonstrate avoidable losses or that plaintiffs could mitigate the damages, thus bearing the burden of this proof.

Reasoning: The defendant argues that the plaintiffs have a duty to mitigate damages; however, the burden of proving any avoidable loss rests with the defendant, who failed to provide sufficient proof of such losses.

Evidence of Worthlessness in Partial Performance

Application: The trial court accepted evidence that the partial performance by the defendant was essentially valueless, supporting the claim for damages.

Reasoning: The trial court accepted evidence showing that the partial performance was essentially valueless, supporting the aggrieved party's claim for damages.

Indivisibility of Contractual Obligations

Application: The court viewed the contract as an indivisible whole, requiring the completion of all specified services for the contract to be considered fulfilled.

Reasoning: The contract was deemed an indivisible whole, requiring the completion of nine interdependent services aimed at enhancing the plaintiffs' business profit.

Restitution in Contract Breach

Application: Plaintiffs were entitled to restitution, meaning they could recover payments made under the breached contract because the defendant's partial performance provided no value.

Reasoning: The court determined that the defendant's performance was ineffective and required complete redoing, rendering it 'worthless' to the plaintiffs.