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Knoch v. Haizlip
163 Cal. 146 (Cal. 1912) Knoch v. Haizlip
1 Citing case
Coughlin v. Blair
41 Cal.2d 587 (Cal. 1953) Cited 113 timesHolding recoverable damages are those that would "put [plaintiffs] in the same position [they] would have been in had [defendant] performed"
In that event the injured party is unable to complete the work himself and, subject to the restrictions of sections 3300 and 3359 of the Civil Code, the proper measure of damages is the difference in value of the property with and without the promised performance, since that is the contractual benefit of which the injured party is deprived. ( Knoch v. Haizlip, 163 Cal. 146, 154 [ 124 P. 998]; South Memphis Land Co. v. McLean Hardwood Lbr. Co., 179 F. 417, 423-424 [102 C.C.A. 563]; Hyatt v. Wiggins, 178 Ark. 1085 [ 13 S.W.2d 301, 303].) In the present case the contract was to be performed entirely on property that is not owned by plaintiffs.