


Bomberger v. McKelvey
Supreme Court of California
35 Cal.2d 607 (Cal. 1950)
Under California law, a party to a contract that is required to perform work to fulfill other obligations not solely related to gaining a profit from the agreement may have a right to continue performance and seek recovery thereafter.
Relevant Facts
John Bomberger and others (the plaintiffs) orally agreed to demolish and remove a building owned by D.P. McKelvey and others (the defendants) for $3,500. The oral agreement was confirmed in a letter sent from the defendants to the plaintiffs. An essential element of the agreement allowed the plaintiffs to salvage scarce materials such as plate glass and skylights from the demolished building to be used in another building that the plaintiffs were constructing. Later, the defendants notified the plaintiffs that the demolition project was cancelled because the defendants were unable to secure materials to build a proposed grocery store on the lot after it was cleared. The plaintiffs informed the defendants that they intended to proceed with the demolition of the building and to collect the plate glass and skylights. The plaintiffs completed the project and salvaged the items. Afterwards, they sued to recover the contract price of $3,500. The defendants filed a counterclaim and sought damages for trespass and waste. The trial court held for the plaintiffs and the defendants appealed.
Issue
Get access to our database of over 17,000+ case briefs today. Access our issue statements for every case you'll encounter in law school for a low monthly price. The largest database on the internet is now available with Lawwly, the central legal hub. Use our case briefs to comprehend your casebook readings in seconds, to supplement your notes and outlines, and to outshine your classmates. No one has a more comprehensive case brief database than Lawwly. All of our briefs are handwritten by real legal experts and law professors and our stringent editing process ensures you'll get the best quality briefs available.
Holding & Reasoning
Get access to our database of over 17,000+ case briefs today. Access holding & reasonings for every case you'll encounter in law school for a low monthly price. The largest database on the internet is now available with Lawwly, the central legal hub. Use our case briefs to comprehend your casebook readings in seconds, to supplement your notes and outlines, and to outshine your classmates. No one has a more comprehensive case brief database than Lawwly. All of our briefs are handwritten by real legal experts and law professors and our stringent editing process ensures you'll get the best quality briefs available.
Concurrence
Get access to our database of over 17,000+ case briefs today. Access all available concurrences for every case you'll encounter in law school for a low monthly price. The largest database on the internet is now available with Lawwly, the central legal hub. Use our case briefs to comprehend your casebook readings in seconds, to supplement your notes and outlines, and to outshine your classmates. No one has a more comprehensive case brief database than Lawwly. All of our briefs are handwritten by real legal experts and law professors and our stringent editing process ensures you'll get the best quality briefs available.
Dissent
Get access to our database of over 17,000+ case briefs today. Access all available dissents for every case you'll encounter in law school for a low monthly price. The largest database on the internet is now available with Lawwly, the central legal hub. Use our case briefs to comprehend your casebook readings in seconds, to supplement your notes and outlines, and to outshine your classmates. No one has a more comprehensive case brief database than Lawwly. All of our briefs are handwritten by real legal experts and law professors and our stringent editing process ensures you'll get the best quality briefs available.
Last updated:
December 29, 2020
Judicial Opinion
Get access to our database of over 17,000 case briefs today. Our database of judicial opinions will be released soon, for free!
Procedural History
Get access to our database of over 17,000+ case briefs today. Access the entire procedural history for every case you'll encounter in law school for a low monthly price. The largest database on the internet is now available with Lawwly, the central legal hub. Use our case briefs to comprehend your casebook readings in seconds, to supplement your notes and outlines, and to outshine your classmates. No one has a more comprehensive case brief database than Lawwly. All of our briefs are handwritten by real legal experts and law professors and our stringent editing process ensures you'll get the best quality briefs available.
Citations
35 Cal.2d 607 (Cal. 1950)