Review Case Problems
1. Murphy Construction Co. agreed to build a house for Lester in accordance with certain specifications. The price stipulated was $345,000. The contract provides that the house was to be completed and ready for occupancy by June 1, 2010. Murphy wrongfully refused to perform and repudiated the contract before anything was done there under. Lester, after some trouble, located another contractor who built the house, according to the same specifications, for $378,000. The house was built and completed on September 1, 2010. Lester then sued Murphy Construction to recover damages for breach of contract. What is the measure of damages recoverable by Lester?
2. Myers operated a grocery store in Glassboro, New Jersey, and sold to consumers throughout Glassboro. He sold the business to Battavio and agreed as part of the consideration for the contract of sale, not to engage in the grocery business in Glassboro for three years. Two years later, Myers opened a new grocery store in Glassboro in competition with Battavio, who sued to obtain an injunction against Myers. Will the injunction be granted?
3. Brady owned a schooner which broke from its moorings during a gale. She located the boat which was leaking and took it to the nearest available place, a stone quarry dock, and fastened it with rope, a chain, and two pieces of cable. This, of course, was insufficient protection against damage, but was the best that she could do under the circumstances. Brady therefore immediately informed Weichert of these facts and Weichert contracted to tow in the schooner to a designated place. Calm weather prevailed for a few days, but Weichert failed to tow in the schooner. A storm broke out and the schooner was completely wrecked. Brady sued Weichert to recover the value of the schooner. Will Brady succeed?
4. Fleming was the owner and manager of the Fleming Theater. She entered into a contract with Gerard, whereby Gerard agreed to play the leading part in a certain drama in the Fleming Theater for a stated period of weeks. Prior to the expiration of the term of this contract, Gerard refused to continue playing the part. Fleming brought a bill in equity for specific performance. Will the court grant the decree?
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